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States Have Right To Decide SC/ST Govt Job Promotion Quota: Supreme Court

DIVYIA ASTHANA | 0
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| September 26 , 2018 , 13:31 IST

The Supreme Court on Wednesday refused to change its previous order on quota in job promotion in government jobs or refer the order to a larger bench and upheld the previous M Nagraj verdict regarding reservations in job promotions. Earlier, the Supreme Court had given the individual States the right to decide about quota in job reservations, provided they adhere to guidelines set up by the apex court.  

The apex court also said that there was no need to collect data on the SC/ST in reservation in promotion in government services.

The government had wanted the 5-judge Constitution Bench under Dipak Misra to refer the 2006 judgement to a larger bench for re-examination. While the Supreme Court maintained the Nagraj ruling, the Bench said that the judgement was wrong to the extent that it directed collection of quantifiable data for providing reservations.

The Supreme court in its 2006 judgement 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."

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A 5-judge Constitution Bench headed by Chief Justice Dipak Misra and comprising of Justices Kurian Joseph, RF Nariman, SK Kaul and Indu Malhotra, had last month reserved its judgement after hearing various stakeholders, including the Centre.

The Bihar Government had on July 24 announced that it would allow reservation in promotions to the minorities Scheduled Castes/ Scheduled Tribes employees in its services. This decision was taken by the Bihar government in compliance with the order passed by the Supreme Court on May 17 and June 5.