SC okays quota in government jobs

New Delhi: The Supreme Court of India has ruled that in matters of reservation and promotions, states will have to give compelling reasons - like backwardness and inadequate representation - before someone is promoted on the basis of caste.

Also, the Supreme Court stated that quota-based promotions may not be given in case administrative efficiencies of the state in question are in danger of being impelled.

A five-judge Constitution bench, headed by Chief Justice Y K Sabharwal, said the overall limit of 50 per cent reservation cannot be exceeded under any circumstances and that the creamy layer must be excluded from the quota.

Government officials had earlier challenged the Constitutionality of the 77th and 85th amendments, which provide reservations in Government jobs to the Scheduled Castes/ Scheduled Tribes (SC/ST) candidates at the entry level.

The issue had come up in court in the middle of the row on increasing reservation in educational institutes.

It has been a point of debate since the 1960s, with the Government frequently changing its stand on whether SC/ST employees should get promotions based on their status or not.

In 1992, the Supreme Court had stated that there were to be no reservations in promotions given to Government officials, reversing an earlier order which said just the opposite.

Despite this order, in 1995, Parliament decided to bring back reservation in promotions in Government jobs through the 77th Amendment.

The amendment is still applicable with caste-based promotions being a norm in Government jobs.

The issue was taken up by the Supreme Court, which has laid down three guidelines for the implementation of promotion quota in the Government sector.

The community must be backward.

The community should be inadequately represented in the Government sector

The administrative efficiency of the organisation should not be compromised.

On Monday, the Supreme Court had raised objections against the Government proposal providing for 27 per cent reservation for Other Backward Classes in institutes of higher learning.

The apex court, while questioning the basis of the reservation policy, directed the Government to submit the report of the Parliamentary Standing Committee examining the quota bill.

CREAMY LAYER CONCEPT

The creamy layer concept was introduced by the Supreme Court in an order in 1993. It is applicable to job reservations for Other Backward Classes.

According to the SC, people with yearly income of more than Rs 2.5 lakh per annum and people with considerable landholding constitute the creamy layer.

Children of people holding constitutional positions are also included in creamy layer.

This means the children of President, Vice President and judges of the SC and HCs fall in this category.

Children of members of the UPSC and State Public Service Commission, Chief Election Commissioner, Comptroller and Auditor General of India also fall under the creamy layer among OBCs.

Under the criteria fixed for exclusion from reservation in civil posts and services.

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