SC/ST government employees are automatically entitled for quota in promotions: Govt to SC
SCST government employees are automatically entitled for quota in promotions and reiterated the need for reconsideration of the judgement of M Nagraj, which states, Collection of data to determine their backwardness was neither feasible nor desirable, said the government to the SC
NEW DELHI: SC/ST government employees are automatically entitled for quota in promotions and reiterated the need for reconsideration of the judgement of M Nagraj, which states, “Collection of data to determine their backwardness was neither feasible nor desirable,” said the government to the SC.
“Once a community is included as SC or ST based on backwardness, the test of ‘backwardness’ is met. Backwardness is an interplay of both socio-economic attributes. While economic backwardness may be quantifiable, it is difficult to find a proxy to determine social backwardness,” said the government.
In the Nagraj judgement, the SC in 2006 told that if the state felt to give reservation in promotion to SC/ST employees, it must collect quantifiable data to prove their backwardness and not compromising the Article 335 requirement to maintain administrative efficiency.
In their argument, the Centre said, “SCs and STs are homogeneous groups and any action to regroup them based on economic and social advancement would not be appropriate. Further to determine the socio and economic backwardness of SCs and STs, it would not be feasible to decide about the kind of data required, periodicity of collection of data, sources from where such data are to be collected and the method for authentication of such data.”
It was of the view that need for collection of quantifiable data in the case of SC/STs to determine their backwardness at the time of considering them for promotion may not rise. “There is a difference between the OBCs and the SC/STs and therefore, evidence of backwardness may be relevant for OBCs but not for SCs and STs. The policy of providing reservation in promotion to SC/STs is to be implemented by each cadre controlling authority. It would be difficult for each cadre controlling authority to collect quantifiable data in each case as representation of SC/STs in promotion posts keep changing,” said the Centre.