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Supreme Court/High Court Verdicts Quota In Promotion
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Supreme Court/High Court Verdicts Quota In Promotion

 

Supreme Court/High Court Verdicts
Quota In Promotion
Recently ,Sc Stated That The Government Can Extend Reservation To Promotions As Envisaged By The Constitution ,But This Has To Be Strictly In Accordance With The Law As It Stands Now.
Referring The Matter To The Constitution Bench, The Sc Said More Clarity Was Needed On The Matter Of Creamy Layer In The Situation Of Competing Claims Within Sc/St Communities Same Races,Groups Or Parts Thereof Of.
Articles 341 And 342
Articles 341 And 342 Of The Constitution Of India Define As To Who Would Be Scheduled Castes And Scheduled Tribes With Respect To Any State Or Unione Terriority.
Article 341(1) States That The President May With Respect Consulation With The Governor Thereof, By Public Notification Specify The Castes Races Or Tribes Which Shall For The Purposes Of This Constitution Be Deemed To Be Scheduled Castes In Relation To That State.
Article 341(2) States That Parliament May Be Law Include In Or Exclude From The List Of Scheduled Castes Specified In A Notification Issued Under Clause Of Any Caste ,Race Or Tribe Or Part Of A Group Within Any Caste,Race Or Tribe But Save As Aforesaid A Notification Issued Under The Said Clause Shall Not Be Varied By Any Subsequent Notification.
Article342(1) States That The President May With Respect To Any State Or Union Terrority And Where It Is A State ,After Consulation With The Governor Thereof By Public Notification, Specify The Tribes Of Tribal Communities Or Parts Of Or Groups Within Tribes Or Tribal Communities Which Shall For The Purpose Of This Constitution Be Deemed To Be Scheduled Tribes In Relation To That State Or Union Terriority ,As The Case May Be.
Article 342(2)Parliament May Be Law Include In Or Exclude From The List Of Scheduled Tribes Specified In A Notification Issued Under Clause (1) Any Tribe Or Tribal Community Or Part Of Or Group Within Any Tribe Or Tribal Community,But Save As Aforesaid A Notification Issued Under”The Said Clause Shall Not Be Varied By Any Subsequent Notification.Background
The Court Was Hearing The Centre’s Plea In Connection With Ann Order Of The Delhi High Court.
In August 2017, The Hc Had Struck Down A 1997 Circular,Issued By The Department Of Personnel And Training Which Extended The Reservation In Promotion To Sc And St Employees Beyond The Five Years Stipulated By The Apex Court In The Landmark 1992 Judgement On Indira Sawhney Vs Union Of India.
The Nine –Judge Bench Of Supreme Court Had In The Indira Sawhney Case In 1992,Permitted Reservation For The Scs And Sts In Promotion To Continue For A Period Of Five Years From November 1992.
The High Court Had Said That This Was Not Supported By Any Quantifiable Data To Prove Conditions Of Backwardeness.
Timeline Of Significant Verdicts
In The State Of Madras V. Srimathi Champakam Dorairajan (1951), Which Related To Medical And Engineering Seats, The Madras High Court Struck Down The Reservation Policy.
The Judgement Led To The First Amendment To The Constitution To Protect Reservations. The Newly Introduced Clause(4) Of Article 15 Expanded The Powers Of The States To Make Special Provision For The Advancement Of Any Socially And Educationally Backward Classes Of Citizens Or Of The Scheduled Castes And The Scheduled Tribes.
In M.R Balaji (1962), The Supreme Court Observed That
The Government Need Not Appoint A Commission To Determine Backwardness Under Article 340 Prior To Formulation Of A Reservation Policy Executive Orders Giving Reservations Policy.
Caste Is Important But Not The Sole Determinant Of Backwardness ,And Caste And ‘Class’ Are Not Synonymous.
The Court Struck Down The Distinction Between Backward And More Backward Communities And Termed 68% Reservations As A Fraud On The Constitutional Power Conferred On The State By Article 15(4).
It Also Introduced A 50 % Upper Limit In Reservation.Reservation Should And Must Be Adopted To Advance The Prospects Of Weaker Sections Of Society, But While Doing So , Care Should Be Taken Not To Exclude Admission To Higher Educational Centres Of Deserving And Qualified Candidates Of Other Communities.
In T. Devadasan (1963), The Carry Forward In Reservation (If Reserved Seats Remained Unfilled In A Year They Would Be Carried Forward Subsequently Was Struck Down.
In C.A Rajendran (1967), Where Governmental Policy Of 1963 That Did Not Not Provide For Reservation Of Posts In Class 1 And II Pots Was Challenged A Five Judge Bench Upheld The Policy By Saying That Reservation Both In Appointments And Promotions Is Merely Discretionary Rather Than The Constitutional Duty Of The State.
In State Of Kerala Vs N.M Thomas (1975), The Supreme Court Extended The Benefit Of Reservations To Promotions While Upholding The Rule That Gave Further Exemption Of Two Years To SC/ST Candidates In Passing The Tests.
In Indra Sawhney(1992), Where 27% Other Backward Classes (Obc) Reservations Was Challenged A Nine Judge Bench Authoritatively Laid Down The Law On Reservations:
Article 16(4) Is Not An Exception To The Right To Equality Of Opportunity Provided Under Article 16(1) But An Illustration Of The Sme .
A Caste Can Be And Quite Often Is A Social Class In India.
In Future Reservation, Benefits Cannot Extend To Promotions And Creamy Layer Is To Be Excluded In Reservations For Obcs.
In M.Nagarajverdict (2006) The Court Made Certain Unusual Observations:
The Concept Of SC/ST Reservations Is Hedged By Three Constitutional Requirements Backwardness Of SC/Sts, Inadequacy Of Their Representation In Public Employment, And Overall Efficiency Of Administration.
A Number Of High Courts Verdicts Following Nagaraj Have Struck Down Reservations In Promotions After Applying These Requirements.
The Court Also Went Against The Judgement Of Indra Sawhney Where It Had Said That SC/Sts Were Definitely Socially Backward.

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