Lawstreet Journal

LIVE UPDATE SC HEARING: Jarnail Singh Reservation in Promotion Case

Lawstreet Journal 6 Oct 2021 9:27pm

Image courtesy: Lawstreet Journal Judiciary LIVE UPDATE SC HEARING: Jarnail Singh Reservation in Promotion Case

Supreme Court to continue hearing the Jarnail Singh case wherein a constitution bench held that the issue relating to reservation in promotion has already been decided in Nagraj’s case & needs no reconsideration.

AG brings to the Court’s attention the constitution bench judgment in Sabarwal, a five-judge bench.

Discusses another five judge bench decision in Nagaraj: "We uphold the classifications.. do not obliterate equality." Sabarwal is fully upheld.

AG: This could be one method of reservation made for SCs and STs while maintaining equality, in compliance with the Constitution.

AG: I had told your Lordships yesterday, even in Madras it provided for a roster. There is a 200-point roster. (Reads out rules)

We have counted number of schedule castes, it comes to 36 which comes to 18% of the total.

AG: So far from the inception, the roster system has been the basis at the centre and in Tamil Nadu.

AG quotes a Delhi High Court Special Leave Petition where the 1997 memorandum was set aside: It was quashed on the ground that adequacy of representation was not looked into.

AG Venugopal reads out relevant extracts. Bench discusses amongst themselves.

AG continues: Therefore, your Lordships will be pleased to know that even though you can pin point and say 2.5% are the occupied posts because of the roster based.. we are able from 65 onwards following this procedure where you have accuracy. There are 53 dept.s in the Union.

AG: The Counsel for Maharashtra told me that they have 6000 cadres. The centre has about 5000, if there… Continue Reading...

Tagged: Jarnail Singh   Supreme Court of India  
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