Supreme Court: No reopening of 2018 Judgement on Reservation in Promotions


Swarna Shukla-

Published on: September 15, 2021 at 15:20 IST

The Apex Court has observed that it will not re-open an already settled judgement by it in 2018 based on reservation in promotion for Schedule Caste (SC) and Scheduled Tribes (ST) in government job.

The Bench of Justices L. Nageswara Rao, Sanjiv Khanna and B. R Gavai on 14th September, 2021 Tuesday stated that it is on the states to establish a plan on how to implement directions regarding reservation in promotions.

The Court said, “We have already passed orders on how to consider backwardness, we cannot prescribe policy further. It is for the states to implement policy not for us to prescribe.”

The States and Centre requested the Court to look into the 2018 judgment at the earliest, reasoning that many appointments have been delayed due to confusion in the norms for applying the 2018 ruling.

The Supreme Court in the Nagraj Case held that the government must provide for a quantifiable data where backwardness is concerned, is illegal and uncalled for, due to the reason that the list only, after consideration by the President of India under Articles 341 and 342 are published and constitute Scheduled Caste and Scheduled Tribes.

The Centre has asked the Apex Court to revisit the Nagraj Judgement on two grounds: firstly, to collect quantifiable data showing backwardness is opposite to the Indira Sawhney where the most backward classes were SC and ST and once, they are devised on the in the Presidential List, there’s no reason of showing backwardness.

Secondly, creamy layer concept hasn’t been used in the Indira Sawhney case and the Nagraj Case has misread the Sawhney Case in applying the creamy layer concept.

However, the Top Court has said it will not pass any order now and will hear the matter on 5th October,2021.

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