New Delhi, Sep 26: The Supreme Court on Wednesday said the state does not require to collect quantifiable data on the backwardness of the Scheduled Castes and Scheduled Tribes (SC/ST) persons for giving them reservation in promotion.
A five-judge Constitution Bench headed by Chief Justice Dipak Mishra said this while hearing a plea by the Centre seeking reconsideration of its 2006 judgement that asked for providing of quantifiable data on the SC/STs before considering them for reservation in promotion.
The top court by its 2006 judgment, also known as Nagaraj case, had said: “…state will have to show in each case the existence of compelling reasons, namely backwardness, inadequacy of representation and overall administrative efficiency, before making provision for reservation in promotion.”
The October 19, 2006 the judgment was pronounced by a five-judge constitution bench comprising then Chief Justice Y.K. Sabharwal and Justices K.G. Balakrishnan, S.H. Kapadia, C.K. Thakker and P.K. Balasubramanyan.
Making it clear that the concept of creamy layer within the SC/ST is not the issue, a bench of Chief Justice Dipak Misra, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Sanjay Kishan Kaul and Justice Indu Malhotra had earlier said: “There may be individuals (within SC/ST) who might have overcome the stigma, but the community continues to face the stigma.”
The judgment was reserved on August 30.