SC asks A-G to frame issues in matter of SC/ST quota in promotion

The Supreme Court on Monday asked Attorney General K K Venugopal to frame issues for adjudication in cases related to a reservation in promotion to the SC/ST employees in different states and the Union government.

A bench of Chief Justice S A Bobde and Justices L Nageswara Rao and Vineet Saran asked counsel from different states to "furnish a note clearly stating the issues involved in that particular State to the Attorney General within a period of two weeks".

Dealing with over hundred cases from different states and the Union government, the bench said, "the issues in this batch of matters pertain to the application of the decision of this court in case of M Nagaraj vs Union of India (2006) to various promotions".

The Nagaraj judgement had enjoined states to undertake an exercise on a collection of data on the inadequacy of representation and the effect on the overall efficiency of administration before granting reservation in promotion.

"It was accepted by the parties that the promotions which have been made or proposed to be made in several States are in question in these matters. The issues are not common in all the cases which have arisen from several States," the bench said.

After receiving notes, the Attorney General may hold a conference of the counsel appearing in the case in all these matters and finalise the issues for the determination of this court, the bench said in its order.

The court earlier refused to consider a plea by the Union government for clarification on an order, passed on April 15, 2019, to maintain status quo on a reservation in promotion to the SC/ST employees.

Senior advocate Rajeev Dhavan, along with advocate Kumar Parimal, appearing for the general category of employees, opposed the plea for passing any interim order in the matter.

The Centre was concerned particularly with the fact that as on January 31, 2020, more than 1.3 lakh promotions were held up in 23 out of a total of 78 departments, causing resentment and financial loss to the employee.