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SC: No Need To Collect Quantifiable Data To Determine ‘Backwardness’ For SC/ST Quota Promotion In Government Jobs

Swarajya Staff

Sep 26, 2018, 03:09 PM | Updated 03:08 PM IST


The Supreme Court. (Sonu Mehta/Hindustan Times via Getty Images)
The Supreme Court. (Sonu Mehta/Hindustan Times via Getty Images)

In a unanimous verdict by a five judge bench of the Supreme Court, the Court refused to refer its earlier decision in M. Nagaraj to a seven judge bench for reconsideration. The Nagaraj judgment concerned the issue of the State providing reservation in promotion for Scheduled Caste/Scheduled Tribe candidates.

The Apex Court in M. Nagaraj had ruled that no State was under any compulsion to provide reservation in promotions, but in the event that such a provision had to be made, certain factors like inadequate representation in public services and quantifiable data illustrating backwardness among others had to be furnished.

The Supreme Court on Wednesday while refusing to refer the Nagaraj ruling to a higher bench for reconsideration, did away with the need for States to collect quantifiable data in order to show backwardness of the concerned SC/ST community.

The present petition before the Apex Court was filed by the Central and various State Governments wherein a reconsideration of the earlier SC ruling was sought on various grounds, including among others, that persons belonging to SC/ST castes were backward per se and reservation in promotions was imperative in view of the stigma carried by members of these castes.


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