{"id":28047,"date":"2018-10-23T17:50:08","date_gmt":"2018-10-23T12:20:08","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=28047"},"modified":"2018-10-23T17:50:08","modified_gmt":"2018-10-23T12:20:08","slug":"centre-pushes-for-quota-in-promotion-for-scs-sts","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/centre-pushes-for-quota-in-promotion-for-scs-sts\/","title":{"rendered":"Centre pushes for quota in promotion for SCs\/STs"},"content":{"rendered":"<p><a href=\"https:\/\/www.thehindu.com\/news\/national\/centre-pushes-for-quota-in-promotion-for-scssts\/article24595870.ece\">Centre pushes for quota in promotion for SCs\/STs<\/a><\/p>\n<p><u>News:<\/u><\/p>\n<ol>\n<li>Recently, the government began its push for providing \u201caccelerated promotion with consequential seniority\u201d for Scheduled Castes\/ Scheduled Tribes (SC\/ST) members in public employment.<\/li>\n<\/ol>\n<p><u>Important facts: <\/u><\/p>\n<p><u>2. Nagaraj\u00a0 judgment 2006:<\/u><\/p>\n<ul>\n<li>As per Nagaraj judgment 2006 , the government cannot introduce a quota in promotion for its SC\/ST employees unless following conditions are fulfilled:<\/li>\n<\/ul>\n<p>a) Unless they prove that the particular Dalit community is backward.<\/p>\n<p>b) Unless that community is inadequately represented.<\/p>\n<p>c) Such a reservation in promotion would not affect the efficiency of public administration.<\/p>\n<ul>\n<li>The judgment was mean to find a \u201cstable equilibrium between justice to the backwards, equity for the forwards and efficiency for the entire system\u201d.<\/li>\n<li>According to the judgment three qualifiers (Backwardness, inadequacy and administrative efficiency) were meant to prevent \u201creverse discrimination\u201d by State.<\/li>\n<li>It was also stated that the state will have to\u00a0 see that its reservation provisions does not lead to excessiveness so as to breach the ceiling limit of 50% or obliterate the creamy layer or extend reservation indefinitely.<\/li>\n<\/ul>\n<p>3. Now, the government wants refer the 2006 verdict to a larger bench for a re-examination because:<\/p>\n<ul>\n<li>It had argued that the 2006 verdict had created an \u201cimpossible situation\u201d for providing accelerated promotions with consequential seniority for SC\/ST communities in government services.<\/li>\n<\/ul>\n<p><u>4. The government\u2019s stand on this:<\/u><\/p>\n<ul>\n<li>The government objected to a creamy layer concept among the SC\/ST.<\/li>\n<li>Government wanted a total of 22.5% (15% for SC+7.5% for ST) posts reserved for promotion for SC\/ST in public employment.<\/li>\n<li>Most States did not prepare quantifiable data to show inadequacy\/adequacy of representation.<\/li>\n<li>On this, Attorney General K.K Venugopal said data keeps fluctuating and it is not static and filling up vacancies was a dynamic and continuous process.<\/li>\n<\/ul>\n<p>5. Last year, a two-judge Supreme Court Bench, had re-opened the issue of creamy layer and quota in promotions for SC\/ST by referring them to a Constitution Bench.<\/p>\n<p><u>6. However, the two judge bench\u2019s referral was based on a series of questions of law such as:<\/u><\/p>\n<ul>\n<li><u>Article 16(4):-<\/u> Which deals with the States power for providing for appointments or posts for \u201cany backwards class of citizens\u201d.<\/li>\n<li><u>Article 16(4A):-<\/u> Which arms the state with power to make provisions for quota in promotion with consequential seniority to SC\/ST communities.<\/li>\n<li><u>Article 16(4B):-<\/u> which deals with unfilled vacancies of a year reserved for SC\/ST kept from being filled up.<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>Centre pushes for quota in promotion for SCs\/STs News: Recently, the government began its push for providing \u201caccelerated promotion with consequential seniority\u201d for Scheduled Castes\/ Scheduled Tribes (SC\/ST) members in public employment. Important facts: 2. Nagaraj\u00a0 judgment 2006: As per Nagaraj judgment 2006 , the government cannot introduce a quota in promotion for its SC\/ST&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/centre-pushes-for-quota-in-promotion-for-scs-sts\/\">Continue reading <span class=\"screen-reader-text\">Centre pushes for quota in promotion for SCs\/STs<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[555],"tags":[],"class_list":["post-28047","post","type-post","status-publish","format-standard","hentry","category-test-1","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704913464},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/28047","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=28047"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/28047\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=28047"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=28047"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=28047"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}