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Centre tells SC that it can't Deny Quota to 'Creamy Layer' SC/ST Employees in Promotions in Govt Jobs

Team SoOLEGAL 16 Aug 2018 6:00pm

Centre tells SC that it can't Deny Quota to 'Creamy Layer' SC/ST Employees in Promotions in Govt Jobs

The Centre today told the Supreme Court that the SC/ST employees from an affluent background cannot be denied quota benefits in promotions in government jobs, as the stigma of caste and backwardness is still attached to them.

The Centre was responding to a question whether the employees belonging to 'creamy layer' among SC/ST should be given the benefit of promotion in government jobs.

Attorney General KK Venugopal, while advocating for the reservation in promotions on behalf of the Centre, said “Even today SC/ST people are socially backward and not allowed to marry higher caste people and ride horses.”

The AG further told a five-judge constitution bench headed by CJI Dipak Misra that “the question of excluding a certain class of SC/ST has to be decided by the President and Parliament and this exercise is not open to judiciary.”

The SC bench also comprises Justices Kurian Joseph, RF Nariman, Sanjay Kishan Kaul and Indu Malhotra.

Case background:

On August 3, earlier this month, the apex court had sought the Centre’s response on why states have not come forward with any quantifiable data to decide the inadequacy of representation of SC/ST in government services even 12 years after its 2006 verdict on the 'creamy layer'.

The five-judge Constitution bench is examining whether its 12-year-old verdict that had dealt with the issue of 'creamy layer' in quota to SC and ST categories in government job promotions needs to be re-visited by a seven-judge bench.

Read more: 7-judge Constitution bench will reconsider criteria for reservation in SC/ST promotion, says SC

The top court had previously, on July 11, refused to grant any interim order against its 2006 verdict and said that a five-judge bench would first see whether it needs to be examined by a seven-judge bench or not.

 

 

Tagged: Creamy Layer Concept   Reservation   Reservation Benefits   Reservation in Promotion   Quota in Promotion   SC   ST   Supreme Court  
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