Don’t want to reopen order on quota in job promotion: SC

Bench says its up to State to find ways to implement the rule

The Supreme Court on Tuesday said it was not ready to reopen a debate on its judgments granting reservation in promotion in government jobs to Scheduled Castes and Scheduled Tribes.

A Bench led by Justice L. Nageswara Rao reiterated the court’s stand that it was up to the State governments to find ways and means of implementing the court’s June 2018 judgment on the issue.

In a 58-page judgment in 2018, a Constitution Bench, led by then Chief Justice of India Dipak Misra, modified a 2006 judgment that required the State to show quantifiable data to prove the “backwardness” of a Scheduled Caste/Scheduled Tribe community in order to provide quota in promotion in public employment.

The court expects the States to comply with the judgments and not try to expand or deflect the scope of the case, the Bench, comprising Justices Sanjiv Khanna and B.R. Gavai, clarified.

It made these remarks while hearing over 130 petitions variously seeking the implementation of judgments for reservation in promotion.

Senior advocate Indira Jaising appearing for one of the petitioners, said the question was how the States were supposed to identify “backwardness”.

Justice Rao shot back, “We are not here to advise the government what they should do.

It is not for us to tell the government how to implement policy.

The court posted a hearing after two weeks.