Post-based reservation: SC to hear plea on Aug 9

The Supreme Court on Monday decided to take up on August 9 a plea by a group of General Category employees for a direction to the Karnataka government for applying “post-based reservation” and the principle of creamy layer at entry-level in public employment as per the judgement in the B K Pavitra case.

A special bench of Justices U U Lalit and D Y Chandrachud will hear the matter next Friday at 2 pm. The court announced the date for hearing as a special bench, which had passed the Pavitra II judgement on May 10, had to adjudicate the fresh plea.

Meanwhile, the court also deferred the hearing on review petition against the same judgement.

The petitioners led by Pavitra have filed an application for directions, days after seeking review of the May 10 judgement which had upheld the validity of the Karnataka’s law for granting reservation in promotion to the Scheduled Caste and Scheduled Tribe employees. They sought a restraint order against the state government on its circulars issued on May 15 and June 24 for implementing the law on reservation in promotion for the SC/ST employees.

Their application said that a direction was needed that all promotions be re-worked on “post-basis” before any further action can take place. The applicants sought a direction to the state government to apply “creamy layer” principle and exclude individuals belonging to the Scheduled Castes and Scheduled Tribes who no longer required reservation under 16 (4-A) of the Constitution.