Let the 7-judge SC bank decide the problem of the SC/ST cream layer: AG

NEW DELHI: Having failed to convince two banks of five judges to rule against the exclusion of the creamy layer of the reserve for castes and tribes scheduled in government labor promotions, the Center made a new attempt to request to the Supreme Court that referred the emotional issue to a bank of seven judges.

Attorney General KK Venugopal told a bank of CJI SA Bobde and Judges BR Gavai and Surya Kant that this is an emotional issue and the Center wanted a court of five judges in September 2018 in the Jarnail Singh case to be reconsidered by a seven bank judge. The SC agreed to listen to the AG and other petitioners, who opposed this reference, in the new year.

When appearing before the petitioners, the principal lawyer Gopal Shankaranarayanan told the court that the Jarnail Singh judgment had considered the decision of the court of five judges of the SC of 2006 in the Nagaraj case requesting the SC/ST quota in promotion and categorically rejected the Center request to refer the issue to a Bank of seven judges.

In writing the ruling for the bank of five judges in the case of Jarnail Singh, Judge RF Nariman had said: We concluded that the trial in the case of Nagaraj does not need to be referred to a bank of seven judges. However, the conclusion in the case of Nagaraj that the state has to collect quantifiable data demonstrating the delay of the castes and tribes scheduled, being contrary to the bank of nine judges in the case of Indra Sawhney, is considered invalid in this regard.

Considering an important factor, administrative efficiency, the SC in the Jarnail Singh case had said: According to us, Nagaraj has wisely left the test to determine the suitability of representation in promotional publications to the states for the simple reason that to As the publication is put in place it may be necessary, even if a proportionality test is taken into account for the population as a whole, to reduce the number of scheduled castes and programmed tribes in the promotional positions, as one goes up. This is for the simple reason that management efficiency has to be examined every time promotions are made.

In explaining that the exclusion of the cream layer did not harm social welfare, the SC had said: The whole purpose of the reservation is to see the backward classes of citizens move forward. This will not be possible if only the creamy layer within that class packages all coveted jobs, leaving the rest of the class as late as they always were.