SC/ST reservation in promotions: Critics call proposal unconstitutional, say responsibility to 'strike balance' lies with state govts
6 years, 7 months ago

SC/ST reservation in promotions: Critics call proposal unconstitutional, say responsibility to 'strike balance' lies with state govts

Firstpost  

For the SC/ST reservation in promotions, the Supreme Court was told on Thursday that reservation in promotion is impermissible and unconstitutional, and it is the responsibility of the state to strike a balance while giving reservation. “The state is reposed with the responsibility to strike a balance and not just enforce reservation,” pleaded senior counsel Shanti Bhushan and Rajeev Dhavan on behalf of the respondents opposing the Centre’s plea for reconsideration of 2006 judgment by which top court had laid down the criteria for reservation in promotion for SC/ST. He told the bench that Nagaraj judgment, for ensuring that equality as a basic structure is not violated, had laid the pre-condition of compelling reasons — backwardness, inadequacy of representation — and overall administrative efficiency which the government has to satisfy before embarking for reservation in promotion. Earlier, seeking reconsideration of the top court decision in Nagaraj judgement, senior counsel Indira Jaising said that the validity of the constitutional provisions could not be tested on the grounds of “compelling reasons —backwardness, inadequacy of representation and overall administrative efficiency”. The judgment that was pronounced on 19 October, 2006, had said: “…State will have to show in each case the existence of compelling reasons, namely backwardness, inadequacy of representation and overall administrative efficiency, before making provision for reservation in promotion.” Senior counsel Dhavan will resume his arguments on 29 August — the next date of hearing.

Judgment Constitution Reservation Promotion Nagaraj Compelling Reasons Dhavan Nagaraj Judgment Overall Administrative Efficiency  state  court  counsel  responsibility  dhavan  judgment  say  scst  unconstitutional  strike  lies  promotions  nagaraj  proposal  told  2006  promotion  reservation

History of this topic

Telangana’s SC Subclassification: Justice for Dalits or a New Inequality?
2 weeks, 4 days ago

Telangana’s SC Subclassification: Justice for Dalits or a New Inequality?

The Hindu  

Published : Mar 10, 2025 17:58 IST - 6 MINS READ Following the Supreme Court’s validation last year of subclassifications within the SC and ST categories, the Telangana government, led by Chief Minister Revanth Reddy, appointed a single-member judicial commission in November 2024. Headed by the retired Justice Shameem Akhtar, it was tasked with assessing intragroup disparities among various castes …

“Antithetical To Concept Of Equality": J&K High Court Halts Promotions Without Consideration Of Candidates' SC/ST Reservation
Trending News
2 weeks, 4 days ago

“Antithetical To Concept Of Equality": J&K High Court Halts Promotions Without Consideration Of Candidates' SC/ST Reservation

Live Law  

The Jammu and Kashmir and Ladakh High Court has restrained the government from making any promotions unless candidates from the Scheduled Caste and Scheduled Tribe categories entitled to reservation are duly considered. Delivering a major relief to reserved category employees who have long been denied their rightful promotions due to a controversial government circular Justice M.A Chowdhary observed, “The respondents …

Benefit Of Reservation In Promotion Available To All Under Article 16(4A), J&K Citizens Cannot Be Treated Differently: High Court
2 weeks, 4 days ago

Benefit Of Reservation In Promotion Available To All Under Article 16(4A), J&K Citizens Cannot Be Treated Differently: High Court

Live Law  

The Jammu and Kashmir High Court has expressed its strong disapproval of the circular issued by the General Administration Department directing all the Administrative Secretaries to keep vacant the slots meant for reserved category employees. The Court held that denying the benefit of reservation in promotion to scheduled castes and keeping their seats vacant would lead to treating citizens of …

Creamy Layer Exclusion From SC/ST Reservation To Be Decided By Executive/Legislature : Supreme Court Refuses To Entertain Plea
Trending News
2 months, 2 weeks ago

Creamy Layer Exclusion From SC/ST Reservation To Be Decided By Executive/Legislature : Supreme Court Refuses To Entertain Plea

Live Law  

The Supreme Court recently declined to entertain a public interest litigation seeking exclusion of the wards/children/dependents of IAS/IPS/IFS/IRS/Class-I officers serving in Madhya Pradesh from the scope of reservation for Scheduled Castes/Scheduled Tribes in recruitment/selection/appointment processes. It was observed that the issues raised alongwith the prayer for framing of a policy to exclude 'creamy layer' from SC/ST reservation, fell in the …

Creamy Layer Exclusion From SC/ST Reservation To Be Decided By Executive/Legislature : Supreme Court Refuses To Entertain Plea
Trending News
2 months, 2 weeks ago

Creamy Layer Exclusion From SC/ST Reservation To Be Decided By Executive/Legislature : Supreme Court Refuses To Entertain Plea

Live Law  

The Supreme Court recently declined to entertain a public interest litigation seeking exclusion of the wards/children/dependents of IAS/IPS/IFS/IRS/Class-I officers serving in Madhya Pradesh from the scope of reservation for Scheduled Castes/Scheduled Tribes in recruitment/selection/appointment processes. It was observed that the issues raised alongwith the prayer for framing of a policy to exclude 'creamy layer' from SC/ST reservation, fell in the …

Supreme Court says ball is in the courts of government, legislature on ‘creamy layer’ for SC/STs
2 months, 2 weeks ago

Supreme Court says ball is in the courts of government, legislature on ‘creamy layer’ for SC/STs

The Hindu  

Supreme Court judge, Justice B.R. Gavai, on Thursday said the ball was in the courts of the legislature and the government to take a call on whether the ‘creamy layer’ of Scheduled Castes and Scheduled Tribes’ beneficiaries of reservation in education and public service must be excluded from quota benefits. The court was hearing a writ petition filed by Santosh …

SC refuses to entertain plea seeking exclusions from SC, ST quotas in MP
2 months, 2 weeks ago

SC refuses to entertain plea seeking exclusions from SC, ST quotas in MP

Hindustan Times  

The Supreme Court on Thursday refused to entertain a plea seeking the exclusion of children of Indian Administrative Service and Indian Police Service officers from Scheduled Castes and Scheduled Tribes reservation benefits in Madhya Pradesh. It is only a view and a decision has to be taken by the legislature.” Gupta said justices Vikram Nath, Pankaj Mithal, and SC Sharma …

Supreme Court rules conversions for reservations are constitutional fraud
Trending News
4 months ago

Supreme Court rules conversions for reservations are constitutional fraud

Op India  

On 26th November, the Supreme Court of India delivered a landmark judgment ruling that converting to a religion solely to claim reservation benefits without genuine belief in the adopted faith constitutes “fraud on the Constitution.” The apex court dismissed an appeal filed by C Selvarani, who was denied a Scheduled Caste certificate after she claimed to have reverted to Hinduism …

7-judge SC bench upholds quota within SC/ST quota saying sub-classification is permissible
7 months, 3 weeks ago

7-judge SC bench upholds quota within SC/ST quota saying sub-classification is permissible

Op India  

In a major ruling on the 1st of August, a 7-judge constitutional bench of the Supreme Court ruled by a 6:1 majority that sub-classification of Scheduled Castes/Scheduled Tribes is admissible in order to give distinct quotas for more backwards within the SC/ST categories. The seven-judge Constitution bench led by CJI DY Chandrachud and Justices BR Gavai, Vikram Nath, Bela M …

Explained: Sub-classification of Scheduled Castes and the Supreme Court
7 months, 3 weeks ago

Explained: Sub-classification of Scheduled Castes and the Supreme Court

Hindustan Times  

On August 1, a seven-judge Constitutional Bench of the Supreme Court with a majority of 6:1 held that sub-classification of Scheduled Castes for the purpose of reservation was constitutional. While hearing the appeal in 2014, a three-judge bench of the Supreme Court noted that Chinniah needs to be revisited in light of Article 338 and the law laid in Indra …

Caste reservation fabric needs new pattern
7 months, 3 weeks ago

Caste reservation fabric needs new pattern

New Indian Express  

“Begin at the beginning, the king said, very gravely, and go on till you come to the end: then stop.” Lewis Carroll, Alice’s Adventures in Wonderland For millenniums, caste has been cast in stone in the Indian psyche. Gavai, who could be the chief justice next year, wrote: “The State must evolve a policy for identifying the creamy layer even …

Disregard comments of the SC judges about creamy layer, Thirumavalavan tells Centre
7 months, 3 weeks ago

Disregard comments of the SC judges about creamy layer, Thirumavalavan tells Centre

The Hindu  

Viduthalai Chiruthaigal Katchi founder and Chidambaram MP Thol. Thirumavalavan on Friday welcomed the Supreme Court’s judgment that State government has the authority to provide internal reservations within the Scheduled Caste quota, which has validated the law to provide internal reservations for Arundhathiyar community. “The Supreme Court justices also stated that appropriate evidence must be provided for granting internal reservations, which …

BJP SC Morcha hails Supreme Court judgement, calls it BJP’s victory
7 months, 3 weeks ago

BJP SC Morcha hails Supreme Court judgement, calls it BJP’s victory

The Hindu  

The BJP Scheduled Caste Morcha State Vice-President Ambaraya Ashtagi has hailed the Supreme Court judgment permitting sub-classification of Scheduled Castes reservations and claimed that it was a victory for the previous BJP government. Addressing a press conference in Kalaburagi on Friday, Mr. Ashtagi said that the landmark judgement allows sub-categorisation of Scheduled Castes to grant separate quotas for more backward …

Reservation redistribution
7 months, 3 weeks ago

Reservation redistribution

Hindustan Times  

The gains of reservation — despite its goal of driving equity — have flowed unequally. Relative social privilege and political clout have led to a few groups enjoying almost all the benefits of reservations while others languish in backwardness that is largely unchanged since Independence. To illustrate, the Jatavs in Uttar Pradesh and the Mahars in Maharashtra have long been …

Supreme Court judgment backs validity of Tamil Nadu’s Arunthathiyar quota law
7 months, 3 weeks ago

Supreme Court judgment backs validity of Tamil Nadu’s Arunthathiyar quota law

The Hindu  

A majority judgment of the Supreme Court on Thursday has backed the constitutional validity of a Tamil Nadu law that offered preferential treatment among the Scheduled Castes to socially and educationally backward Arunthathiyars. The Tamil Nadu State Legislature had enacted the Tamil Nadu Arunthathiyars Reservation Act, 2009, to provide the Arunthathiyars reservation in appointments or posts in State services on …

States can sub-classify SCs for quotas: top court
7 months, 3 weeks ago

States can sub-classify SCs for quotas: top court

The Hindu  

In a 6:1 majority judgment on Thursday, a seven-judge Constitution Bench of the Supreme Court, headed by Chief Justice of India D.Y. Four of the seven judges on the Bench separately said the government should extend the “creamy layer principle” to Scheduled Castes and Scheduled Tribes, as in the case of the Other Backward Classes category. On Thursday, Chief Justice …

Why has Supreme Court re-examined subclassification in SC-ST quotas? Explained
7 months, 3 weeks ago

Why has Supreme Court re-examined subclassification in SC-ST quotas? Explained

India TV News  

With a decisive majority of 6:1, the seven-judge Supreme Court bench headed by Chief Justice DY Chandrachud on Thursday ruled in favour of sub-classification of Scheduled Castes and Scheduled Tribes. The latest decision overruled the 2004 judgment in the EV Chinnaiah vs State of Andhra Pradesh case, which held that there can be no sub-classification of Scheduled Castes and Scheduled …

SC/ST Reservation: Supreme Court Rules Separate Quotas Permissible for More Backward Castes
7 months, 3 weeks ago

SC/ST Reservation: Supreme Court Rules Separate Quotas Permissible for More Backward Castes

ABP News  

On Thursday, August 1, the Supreme Court delivered a significant ruling concerning Scheduled Castes and Scheduled Tribes. Chandrachud, decided by a 6:1 majority that separate quotas within the SC/ST categories can be allocated to more backward sub-groups. The Court's ruling emphasizes that certain castes within SC/ST categories are significantly more backward and require targeted empowerment. The Court's judgment highlighted the …

SC Allows Sub-Divisions in SC, ST for Quota
7 months, 3 weeks ago

SC Allows Sub-Divisions in SC, ST for Quota

Deccan Chronicle  

New Delhi: In a landmark verdict, a seven-judge Constitution Bench of the Supreme Court on Thursday okayed sub-classification within the Scheduled Caste and Schedule Tribe communities to provide reservations in jobs and education for the more marginalised sub-sets. Thus, the state in exercise of the power under Articles 15 and 16 can further classify the SCs if there is a …

Sub-classification within SCs, STs permissible, says Supreme Court
7 months, 3 weeks ago

Sub-classification within SCs, STs permissible, says Supreme Court

Hindustan Times  

The Supreme Court on Thursday ruled by a majority that sub-classification within the scheduled castes and scheduled tribes is permissible. It declared that SCs cannot be considered homogenous classes and that it would be permissible for the Centre and states to earmark most backward classes within the reserved category of SC/STs to enable them frame appropriate policies on sub-classification and …

SC declines to grant interim stay of Patna HC decision quashing 65% quota in Bihar
7 months, 4 weeks ago

SC declines to grant interim stay of Patna HC decision quashing 65% quota in Bihar

The Hindu  

The Supreme Court on July 29 refused to order interim stay of a Patna High Court decision quashing reservation up to 65% for Backward Classes, Extremely Backward Classes, Scheduled Castes and Scheduled Tribes in public employment and institutions. Solicitor General Tushar Mehta and senior advocate Shyam Divan, for Bihar, urged the court to stay the High Court decision which had …

Supreme Court refuses to stay Patna HC order that scrapped govt's move to increase Backward Classes quota
7 months, 4 weeks ago

Supreme Court refuses to stay Patna HC order that scrapped govt's move to increase Backward Classes quota

India TV News  

In a major setback to Bihar Chief Minister Nitish Kumar and the BJP, the Supreme Court on Monday refused to stay the Patna High Court's decision that scrapped state government's decision to increase the quota for backward classes from 50 per cent to 65 per cent. Supreme Court listed the matter in September for hearing Bihar Government's plea challenging Patna …

Any threat to 69% reservation will lead to dismissal of DMK govt., says Anbumani
8 months, 3 weeks ago

Any threat to 69% reservation will lead to dismissal of DMK govt., says Anbumani

The Hindu  

PMK president Anbumani Ramadoss on Thursday said that Chief Minister M.K. Stalin had no right to talk about social justice, and any threat to the 69% reservation in the State would result in the dismissal of the DMK government. According to him, the DMK had always claimed to champion welfare schemes that ensured social justice, but in reality, it had …

Bihar moves top court against HC quota hike order
8 months, 3 weeks ago

Bihar moves top court against HC quota hike order

Hindustan Times  

The Bihar government has approached the Supreme Court challenging the Patna high court decision striking down the law enhancing caste-based reservation to 65% in jobs and admissions and argued that the caste survey carried out by the state adequately satisfies the parameters required to breach the 50% ceiling on reservation set by the top court in the 1992 Indra Sawhney …

The Patna HC judgment on reservation and its implications on future quota policies
9 months ago

The Patna HC judgment on reservation and its implications on future quota policies

Hindustan Times  

Recently, the Patna High Court in Gaurav Kumar and Others vs State of Bihar and Ors. After independence, Articles 15 and 16 of the Constitution of India laid down measures for reservations for the backward classes, where, Article 15 talks about educational institutions, though the word “adequate” is not used, however in Article 16, the provision reserves adequate representation and …

Cannot treat Scheduled Castes as a homogenous group: Supreme Court
1 year, 1 month ago

Cannot treat Scheduled Castes as a homogenous group: Supreme Court

The Hindu  

A seven-judge Constitution Bench headed by Chief Justice of India D.Y. Chandrachud on Tuesday observed that Scheduled Castes cannot be treated as a “homogenous group” for granting reservation as some may have advanced in society while other continue to remain “particularly underprivileged”. The court said the diverse groups, clubbed together in the Presidential list under Article 341 of the Constitution …

Disabled staff to get quota in promotion with effect from 2016
1 year, 2 months ago

Disabled staff to get quota in promotion with effect from 2016

The Hindu  

December 29, 2023 12:48 am | Updated 02:42 am IST - New Delhi The Union government on Thursday issued an order paving the way for Persons with Disabilities to be considered for reservation in promotions up to the lowest rung of Group A posts in the Central government, with effect from June 30, 2016. The Office Memorandum said, “No financial …

'Can state insist on seat-sharing in unaided minority instis': HC judge seeks full bench hearing
1 year, 3 months ago

'Can state insist on seat-sharing in unaided minority instis': HC judge seeks full bench hearing

New Indian Express  

MADURAI: A single judge of the Madurai Bench of the Madras High Court has sought a Full Bench hearing to decide whether the state government has the power to insist on a fixed quota of seat-sharing between the management and the state in unaided minority educational institutions offering professional courses. Justice N Anand Venkatesh observed that the government order passed …

Top Court To Examine SC/ST Reservation
1 year, 6 months ago

Top Court To Examine SC/ST Reservation

Deccan Chronicle  

New Delhi: The Supreme Court has scheduled a hearing for November 21 to address pleas challenging the constitutionality of extending reservation benefits to Scheduled Castes and Scheduled Tribes in Lok Sabha and state Assemblies beyond the originally envisioned 10-year period in the Constitution. Chandrachud, will assess the validity of the 104th Constitutional Amendment Act, which extended SC and ST quotas …

'Wholesale Domicile Reservation Unconstitutional' : Supreme Court Asks MP Govt To Review 75% Domicile Quota In B.Ed Seats
1 year, 10 months ago

'Wholesale Domicile Reservation Unconstitutional' : Supreme Court Asks MP Govt To Review 75% Domicile Quota In B.Ed Seats

Live Law  

Stating that domicile reservation should not become a "wholesale reservation", the Supreme Court has asked the State of Madhya Pradesh to review its decision to have 75% domicile reservation in B.Ed seats. "We make it clear that though reservation in favour of residents is permissible, yet reservation to the extent of 75% of the total seats makes it a wholesale …

Parliament Can Experiment with Avowed Objective of Socio-Economic Justice: SC’s Majority Ruling on EWS Reservation
2 years, 4 months ago

Parliament Can Experiment with Avowed Objective of Socio-Economic Justice: SC’s Majority Ruling on EWS Reservation

News 18  

The Supreme Court on Monday upheld the Economically Weaker Section reservation, which was introduced through the Constitution Act, 2019. Justice Bela M Trivedi’s concurring view stipulated that the “legislature understand and appreciates the needs of its own people” while justifying the amendment. “…the deprivations arising from economic disadvantages, including those of discrimination and exclusion, need to be addressed to by …

SC/ST/OBC Exclusion From EWS Quota Logical, Necessary To Avoid Double Benefits: Supreme Court
2 years, 4 months ago

SC/ST/OBC Exclusion From EWS Quota Logical, Necessary To Avoid Double Benefits: Supreme Court

Live Law  

The Supreme Court by 3:2 majority upheld the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections in education and public employment. Justices Dinesh Maheshwari, Bela Trivedi and JB Pardiwala upheld the 103rd Constitution Amendment, Justice S Ravindra Bhat wrote a dissenting judgment, which was concurred with by the Chief Justice of India Uday Umesh …

Supreme Court upholds reservation for economically weaker sections
2 years, 4 months ago

Supreme Court upholds reservation for economically weaker sections

Deccan Chronicle  

NEW DELHI: The Supreme Court on Monday by a majority of 3-2 upheld the Constitution’s 103rd Amendment providing for a 10 per cent reservation for Economically Weaker Sections of the forward classes describing it as an affirmative action, not violative of the basic structure of the Constitution, and saying it did not offend the equality code by excluding SC/STs and …

10% reservation for poorer sections in admissions, jobs to continue, says SC in key judgment | 10 points
2 years, 4 months ago

10% reservation for poorer sections in admissions, jobs to continue, says SC in key judgment | 10 points

India TV News  

The Supreme Court on Monday upheld the validity of the 103rd Constitution amendment, providing 10 per cent reservation to economically weaker sections in the general category in admissions and government jobs. The Supreme Court, by a majority view of 3:2, on Monday upheld the validity of the 103rd Constitution amendment providing 10 per cent reservation to people belonging to economically …

No Special Case Made Out For Breaching Ceiling Limit of 50%: Chhattisgarh High Court Strikes Down Caste-Based Reservation In Education & Jobs
2 years, 6 months ago

No Special Case Made Out For Breaching Ceiling Limit of 50%: Chhattisgarh High Court Strikes Down Caste-Based Reservation In Education & Jobs

Live Law  

The Chattisgarh High Court has struck down a 2011 Amendment that provided 58% reservation to SCs, STs and OBCs in recruitment and entrance examinations in the state. Sahu quashed the reservation policy and held, "We are of the opinion that no special case is made out for breaching the reservation ceiling limit of 50% while increasing the reservation to 58%. …

What’s wrong in using economic criteria for reservation, asks Supreme Court
2 years, 6 months ago

What’s wrong in using economic criteria for reservation, asks Supreme Court

The Hindu  

What is “so principally, so fundamentally wrong” in singling out economic criterion for grant of reservation, a Constitution Bench of the Supreme Court headed by Chief Justice of India U.U. The quota excludes Backward Classes, Scheduled Castes, Scheduled Tribes and Other Backward Classes, who form ‘homogenous groups’ included in the prevalent 50% reservation granted separately. Reservation was not meant to …

Reservation For Women In Public Employment Can Only Be Horizontal, Not Vertical: Madras High Court To TNPSC
2 years, 6 months ago

Reservation For Women In Public Employment Can Only Be Horizontal, Not Vertical: Madras High Court To TNPSC

Live Law  

The Madras High Court has categorically held that the reservation for women in public employment can only be made horizontally and not vertically. The provisions stipulate that a minimum 30% of all the vacancies to be filled through direct recruitment shall be set apart for women candidates, irrespective of the fact whether the rule of reservation of appointment applies to …

SC Reservation For Converted Dalits : Supreme Court Asks Centre To Explain Its Stand Within 3 Weeks
2 years, 6 months ago

SC Reservation For Converted Dalits : Supreme Court Asks Centre To Explain Its Stand Within 3 Weeks

Live Law  

The Supreme Court, on Tuesday, asked Centre to provide its current stand on the issue of extending the benefit of reservation available to the Scheduled Caste community to Dalits who have converted to other faiths. A 2007 report submitted by National Commission for Religious and Linguistic Minorities, under the chairpersonship of retired CJI Ranganath Misra had found merit for granting …

Reservation in public employment
2 years, 9 months ago

Reservation in public employment

The Hindu  

The jurisprudence of reservation relies on the symbiotic coexistence of constitutionally guaranteed equality of opportunity in public employment under Article 16 of the Constitution of India and classifications thereunder various clauses of the same article, especially Article 16 and Article 16, which are in the nature of facilitating provisions, vesting a discretion on the government to consider providing reservations for …

Decided To Give Reservation In Promotion To SC/ST Employees Cadre-Wise : Bihar Govt Tells Supreme Court
2 years, 11 months ago

Decided To Give Reservation In Promotion To SC/ST Employees Cadre-Wise : Bihar Govt Tells Supreme Court

Live Law  

The State of Bihar on Wednesday informed the Supreme Court that it has decided now to give reservation in promotios to government employees belonging to Scheduled Castes and Scheduled Tribes on the basis of "cadre". The State had sought to withdraw the civil appeal on the ground that pursuant to the Top Court's ruling that cadre would be considered as …

Centre sets ball rolling for quota in promotions
2 years, 11 months ago

Centre sets ball rolling for quota in promotions

Hindustan Times  

The Centre is set to start the process of collecting data on the representation of Scheduled Caste and Scheduled Tribe employees at all levels of government, according to an official order, marking the crucial first step in implementing reservation in promotion for these groups that have emerged as key electoral forces in recent years. The government’s April 12 memorandum referred …

Reservation In Promotion: Plea In Supreme Court Seeks Review Of Declaration That M Nagaraj Judgment Will Have Only Prospective Effect
3 years, 1 month ago

Reservation In Promotion: Plea In Supreme Court Seeks Review Of Declaration That M Nagaraj Judgment Will Have Only Prospective Effect

Live Law  

Two individual employees belonging respectively to Madhya Pradesh and Indian Railways have filed a review petition against the Top Court's judgment delivered in Jarnail Singh's case with regards to the prospective effect of its 2006 judgment in M. Nagaraj & Ors. Making the principles laid down in M. Nagaraj effective from the year 1995 would be detrimental to the interests …

Reservation In Promotion- Supreme Court Declares That Its Judgment In M. Nagaraj Shall Have Only Prospective Effect
3 years, 1 month ago

Reservation In Promotion- Supreme Court Declares That Its Judgment In M. Nagaraj Shall Have Only Prospective Effect

Live Law  

The Supreme Court declared that its 2006 judgment in M. Nagaraj & Ors. Making the principles laid down in M. Nagaraj effective from the year 1995 would be detrimental to the interests of a number of civil servants and would have an effect of unsettling the seniority of individuals over a long period of time, the bench comprising Justices L. …

Before Providing Reservation In Promotions To A Cadre, State Obligated To Collect Quantifiable Data Regarding Inadequacy Of Representation Of SC/STs : Supreme Court
3 years, 1 month ago

Before Providing Reservation In Promotions To A Cadre, State Obligated To Collect Quantifiable Data Regarding Inadequacy Of Representation Of SC/STs : Supreme Court

Live Law  

On Friday, the Supreme Court delivered the judgment in the issue relating to reservation in promotions. Article 16 read as under - "Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and …

Supreme Court Refuses To Express Views On Discontinuation Of Reservation; Moots Periodical Review Of Data On Inadequate Representation
3 years, 2 months ago

Supreme Court Refuses To Express Views On Discontinuation Of Reservation; Moots Periodical Review Of Data On Inadequate Representation

Live Law  

While refusing to express any view on discontinuation of reservation in public employment, the Supreme Court opined that the data collected to establish inadequacy of representation, which forms the basis for providing reservation for promotions, should be reviewed periodically.The bench of Justices L. Nageswara Rao, Sanjiv Khanna and BR Gavai was considering the submission made by. While refusing to express …

Promotions: SC not to dilute quota rule
3 years, 2 months ago

Promotions: SC not to dilute quota rule

Deccan Chronicle  

New Delhi: The Supreme Court on Friday refused to interfere with the conditions for providing reservation in promotion for Scheduled Castes and Scheduled Tribes, saying it can’t lay down a new yardstick as the criteria are already specified in the earlier judgments of the Supreme Court in 2006 and 2018. The top court asked states to collect this quantifiable data …

Govts need to collect quantifiable data: SC on reservations to SC/ST employees
3 years, 2 months ago

Govts need to collect quantifiable data: SC on reservations to SC/ST employees

Live Mint  

The Supreme Court of India on Friday announced that Governments need to collect quantifiable data before granting reservation in promotion to Scheduled Castes and Scheduled Tribes employees. The apex court further added that it cannot lay down new yardstick after Constitution bench decisions Earlier in October, the Supreme Court reserved its judgement on the issue of the grant of reservation …

States must decide on SC/ST quota in promotions: Supreme Court
3 years, 2 months ago

States must decide on SC/ST quota in promotions: Supreme Court

The Hindu  

The Supreme Court on Friday, January 28, 2022, refused to lay down the “yardstick” for determining the inadequacy of representation for granting reservation in promotions for Scheduled Caste/Scheduled Tribe candidates in government jobs. In respect of the unit of collection of quantifiable data, the court held that the State was “obligated to collect quantifiable data on the inadequacy of representation …

Can't lay down new yardstick: SC on reservation in promotion to SCs, STs in govt jobs
3 years, 2 months ago

Can't lay down new yardstick: SC on reservation in promotion to SCs, STs in govt jobs

India Today  

The Supreme Court has refused to dilute conditions for reservations in the promotion of Scheduled Castes and Scheduled Tribes in government jobs, adding that it cannot lay down a new yardstick. A three-judge bench headed by Justice Nageswara Rao said states are obligated to collect data on the inadequacy of representation of SCs/STs. The Supreme Court said state governments are …

SC's NEET Judgment Has Five Messages For Anti-Reservationists In India
3 years, 2 months ago

SC's NEET Judgment Has Five Messages For Anti-Reservationists In India

Live Law  

A recent judgment of the Supreme Court allowing implementation of reservation for OBCs and EWS in the PG Courses of Medical Sciences has ended impasse on NEET admissions. Marks Can Be An Outcome Of Privilege, Fortune, And Circumstances The anti-reservationists argue that the general category students score higher marks in the competitive examination due to their hard work, but they …

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