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Can affluent among SC / ST be denied quota in promotions: SC asks Center



The Supreme Court today asked the Center whether those affluent amongst the SC / ST communities should be excluded from getting quota benefits of promotions in government jobs to allow those backward among these communities to "come up."

the Center strongly supported the quota in promotions for government employees belonging to Scheduled Castes (SC) and Scheduled Tribes (ST) communities before a five-judge constitution bench led by Chief Justice Dipak Misra, saying the "stigma" and "imprint" of caste and backwardness remained attached to them irrespective of the fact that some of them have "come up".

Referring to the "creamy layer" concept, Attorney General KK Venugopal said it was devised to exclude the affluent people from other backward classes (OBCs) from availing quota benefits and this could not be applied to SCs and STs as there was a "The legal presumption of their backwardness."

"They have to marry in their own caste." Even a well-off person of SC / ST community can not marry in a higher caste.

The top law officer was responding to the bench and asked: "the question is," he said. whether the people, who have come up, should be excluded and those intra-community people, who have not come up, will be given the quota benefits. "

Venugopal said the SC / ST people were" excluded for centuries "and the imprint and stigma of caste remained

He named the discriminatory caste system as the "great misfortune" of the nation and said the SCs and STs

Venugopal said even among certain categories of SC and ST, they did not allow marriages among themselves and did not maintain social ties.

"

Venugopal said the M Nagaraj verdict of 2006 needed to be reconsidered as it has virtually stopped promoting by putting criteria such as backwardness, inadequate representation and overall administrative efficiency.

The judgment did a huge amount of injustice and did not define what "quantifiable data" the state required to prove before deciding to grant the quota in promotions to SC and ST candidates who are not adequately represented in jobs, he said.

The verdict destroyed the essence of Article 16 (4), which empowers the states to give reservation to the needy, imposing the condition that governments need to

Venugopal said that there is no judgment that says that affluent people of the SC / ST community can be denied a quota benefit by applying a creamy layer concept .

He said that it was the President who notifies a class to be SC or ST under Article 341 and 342 of the Constitution and the changes, if any, have "made by Parliament only" and "they (SC / ST)

Vittugopal also referred to the plight of SC and ST people who had converted to Christianity and said their faith changed, but discrimination remained more or less.

Caste permeates in the Indian society, Justice Nariman s aid, adding that his religion, Zorastrianism (Parsi), has also been 'Hinduised'.

During the hearing, the bench asked why states did not come forward with any quantifiable data to decide the inadequacy

The Center responded by saying that these criteria should be removed as SCs and STs are presumed to be backward

Venugopal, however, clarified that the quota for SC and ST combined will not exceed 22.5 percent and the total reservation can not exceed 50 percent

He also said the court had to fix a benchmark to decide how much the quota could be given in promotions.

The bench said that once the government provides the quota at the entry level, then the e Mployee would get "accelerated seniority."

"The advancing"

"There is a concept of adequacy that has to be reasonable and rational and not arbitrary" and this adequate representation comes into play after the Nagaraj judgment, of arguments would resume on August 22.

The constitution bench is examining whether its 12-year-old verdict that had dealt with the issue of 'creamy layer' for reservations to SC and ST categories in government job promotions needs to be re

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