New Delhi, The Supreme Court on Monday agreed to hear the issues in granting reservation in promotion and filling up of vacancies, which were allocated to Scheduled Castes and Scheduled Tribes.
Senior advocate Indira Jaising, representing the Maharashtra government, contended before a bench headed by Chief Justice S.A. Bobde and Justices B.R. Gavai and Suryakant, though the promotions have been made in unreserved categories of government employees, but not granted in categories reserved for SC and ST employees.
Senior advocate P.S. Patwalia, representing the Jharkhand government, contended similar issues have arisen for the state government, as it was unable to grant promotions in the case of reserved category for SC/ST employees.
Attorney General K.K. Venugopal, representing the Centre, agreed with these contentions and the top court could issue notice, and the matter could come up for hearing possibly after two weeks.
The top law officer pointed out nearly one lakh posts were vacant at the Centre too.
The court replied that it will look into the issue and listed the matter after two weeks, and this could be taken up by a different bench.
In 2018, a five-judge Constitution bench ruled that well-off members of the SC and ST communities cannot be granted the benefits of reservation in government jobs and college admissions. Recently, the Centre has requested the apex court to refer this verdict excluding the creamy layer within the SC/ST community from the benefits of reservation to a seven-judge bench for a review.
The top court had earlier agreed to examine various aspects connected with the implementation of quota in promotions to SC/ST government employees.
The top court took on record the contention of many states including — Bihar, Madhya Pradesh and Tripura — that its order to maintain status quo presents a difficult situation in promoting SC/ST and other employees.
Last week, a two-judge bench of the top court ruled the states are not bound to provide reservation in appointments. Also, there is no fundamental right to claim quota in promotions. The order came on a matter of the Uttarakhand government.
