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Reservation In Promotion: A New Creamy Layer?
The Attorney General, K.K Venugopal referred the case of Nagaraj Judgment before a nine Judge Bench Division for re-consideration. Several issues in the case were submitted by him to be resolved by the division bench. While passing the Nagaraj Judgment, the Court held that the reservation in promotion shall be allowed only if some quantifiable data is shown which represents the backwardness of the class and there shall be compliance to maintain Administrative efficiency.
During the reference of the case to the nine judge Bench Division the Attorney General submitted some important issues to be looked upon – Firstly, Is the backwardness presumed to be satisfied when the notification regarding same is issued by the President. Secondly, what is the basis of determining the “Quantifiable Data” and “Administrative Efficiency”. Thirdly, does the Nagaraj judgment has retrospective operation and Lastly, are the members of the SC/ST community entitled to promotion on their own merit even if it belongs to General Category or will the same be counted as under 50% ceiling limit.
Further, it was submitted by the Attorney General that the people should not be deprived of the benefits which already accrue to them because of the later decision. He also submitted that there is no need to prove that a particular class is backward and he indicated that Parliament has the power to include or exclude any caste, race or tribe from the list of Scheduled Castes which is specified by the President.
The arguments are still running and the AG submitted that there shall be no concept of creamy layer in SCs/STs. Several decisions were referred by him to show that the principle of creamy layer should not be applicable to them.
