Supreme Court refuses to pass interim order on plea on reservation to SC/ST in govt jobs
The Supreme Court on Wednesday refused to pass an interim order against
its 2006 verdict which dealt with the application of the ‘creamy layer’
for reservations to SC and ST categories in government job promotions.
A bench of Chief Justice Dipak Misra and Justices A.M. Khanwilkar and
D.Y. Chandrachud said a seven-judge Constitution bench is needed to
consider the 2006 verdict M Nagraj verdict.
Attorney General K.K. Venugopal, appearing for the Centre, said the
matter should be heard urgently by a seven-judge Constitution bench as
lakhs of jobs in Railways and services are stuck due to confusion over
various judicial pronouncements.
The bench said one Constitution bench is already seized of various
matters and the issue can only be taken up in the first week of August.
On November 15 last year, the top court had said a five-judge
Constitution bench will examine the limited issue of whether the 2006
verdict delivered in M Nagaraj and other versus Union of India was
required to be re-looked at or not.
The M. Nagaraj verdict had said the creamy layer concept cannot be
applied to the Scheduled Castes and Scheduled Tribes for promotions in
government jobs like two earlier verdicts – 1992 Indra Sawhney and
others versus Union of India (popularly called Mandal Commission
verdict) and 2005 E.V. Chinnaiah versus State of Andhra Pradesh – which
dealt with creamy layer in the Other Backward Classes category.
However, on June 5, in a major relief to the Centre, the apex court
allowed it to go ahead with reservations in promotion for employees
belonging to the SC and ST category in “accordance with law”.
The top court took into account the Centre’s submissions that the entire
process of promotions had come to a “standstill” due to the orders
passed by various high courts and the apex court had also ordered for
“status quo” in a similar matter in 2015.
A vacation bench of Justices Adarsh Kumar Goel and Ashok Bhushan said
the Centre was not “debarred” from making promotions in accordance with
law in the matter.
The government had said there were separate verdicts by the high courts
of Delhi, Bombay and Punjab and Haryana on the issue of reservation in
promotion to SC/ST employees and the apex court had also passed
different orders on appeals filed against those judgement.
Source: www.thehindu.com
