SC call on validity of ‘backwardness’ for SC/ST on Aug 3

| | New Delhi

A seven-judge Constitution Bench of the Supreme Court will sit on August 3 to determine whether the test of backwardness as laid down in M Nagaraj case of 2006 should apply to Scheduled Castes and Scheduled Tribes while granting them promotions in jobs.

The Centre appealed to court for urgent hearing citing a backlog of three lakh posts in railways and other services where promotions were held up as SCs/STs claimed that once they have been declared backward, there is no need to prove backwardness at the time of promotion.

The court refused to pass any interim order against its 12-year-old verdict but agreed to deal with the constitutional question on August 3.

“You see, a reference has already been made for hearing the matter by a larger Bench. A seven-judge constitution bench needs to be constituted to consider M Nagaraj verdict which was heard by a five-judge Bench,” said a Bench of Chief Justice Dipak Misra, Justices AM Khanwilkar and DY Chandrachud.

Attorney General KK Venugopal, appearing for the Centre, said the matter required urgent consideration as lakhs of jobs in Railways and the services were stuck due to confusion over various judicial pronouncements.

Senior advocate Rajeev Dhavan, appearing for one of the petitioners, contended that a lot of confusion has occurred due to conflicting judicial pronouncements given by different Benches of apex court and High Courts.

He said that one of the orders says there would be “status quo” as far as reservation in promotion to SC/ST employees are concerned, while another order by a Bench headed by Justice Kurian Joseph in a similar matter held that pendency of a petition before a court shall not stand in the way of the Centre taking steps for the purpose of promotion. Recently on June 5, a Vacation Bench of apex court allowed Centre to proceed with reservation in promotion for SC/ST in accordance with law. The AG agreed that conflicting orders were causing confusion.



Sunday Edition

View All

My father lived, died for India, says Rahul

15 Jul 2018 | PTI | New Delhi

Amid row over alleged use of derogatory language in a web series while referring to former Prime Minister Rajiv Gandhi, Congress chief Rahul Gandhi on Saturday said the BJP and the RSS believe that freedom of expression must be policed, while he regards it as a fundamental democratic right. “My father lived and died in the service of India...

Read More


View All

Demolition continues, encroachment in gated colonies to be razed too

19 Jul 2018 | PNS | Dehradun

The court ordered anti-encroachment drive continued in Dehradun with 280 encroachments being demolished and 185 being marked on Wednesday. A total of 2196 encroachments have been demolished, 4674 have been marked and 88 buildings have been sealed so far...

Read More

Page generated in 0.2583 seconds.