Reservations In Promotions : Will SC/STs Remain Backward Perpetually, Asks Supreme Court

While examining the desirability of a “creamy layer” during promotions in government jobs for Scheduled Caste/Scheduled Tribe (SC/ST) communities, the Supreme Court has asked whether the backwardness of SC/STs would be perpetual, Times Of India has reported.

The Supreme Court Bench agreed to the idea of having reservations at the entry levels, but raised concerns over reservations in accelerated promotion without looking into the status of the person’s employment. The bench also asked whether promotions could be given to the grandson and great-grandson of an SC/ST person who had already availed the benefit.

The earlier judgement in M Nagaraj case had agreed to reservation in promotions with three riders i.e. states must have quantifiable data before determining the backwardness of a candidate, states must determine the adequacy of SC/ST representation in jobs and overall efficiency of administration should not be affected by the move. However, the Attorney General K K Venugopal has argued that the backwardness of a community need not be determined again if a community is included in the list of SC/STs by a presidential order.

Rajeev Dhawan who appeared for general candidates argued for the need for the criterion to decide beneficiaries of promotion in reservations. Shanti Bhushan, who argued for general candidates said that reservation in promotions in bureaucratic posts would “spell disaster for a democracy”.