Reservation in promotion – Supreme Court’s judgement dated 19.10.2006 is under examination: Minister replied in Rajya Sabha
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
RAJYA SABHA
QUESTION NO 1377
ANSWERED ON 10.12.2015
Reservation in promotion
1377 Shri K. Rahman Khan
Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to satate :-
(a) the stand of Government on reservation in promotion cases involving Central Government employees; and
ANSWER
Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (DR. JITENDRA SINGH)
(a) & (b): The reservation in promotion is provided to Scheduled Castes (SCs) and Scheduled Tribes (STs) at the rate of 15% and 7.5% respectively in posts and services under the Central Government. As on 1.1.2013, the representation of SCs and STs was 17.55% and 7.72% respectively.
The Hon’ble Supreme Court, on 19.10.2006, in the matter of M. Nagaraj & Ors. V/s Union of India, while upholding the validity of the Constitutional Amendments made in favour of Scheduled Castes and Scheduled Tribes, inter-alia, observed that the State will have to collect quantifiable data of backwardness, inadequacy of representation before providing reservation in promotion.
In order to provide impediment free reservation in promotion to SCs and STs, the Constitutional (One Hundred and Seventeenth Amendment) Bill was introduced in the Rajya Sabha by the Government in September, 2012. The Bill was passed by the Rajya Sabha on 17.12.2012 and transmitted to the Lok Sabha for consideration and passing. The Bill could not be considered in the 15th Lok Sabha and lapsed on the dissolution of 15th Lok Sabha. The issues emanating from the Hon’ble Supreme Court’s judgment dated 19.10.2006 in M.Nagaraj case is under examination.
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COMMENTS
There is adequate representation of SC/STs in the cadre of Group B&C in the Central Government services. Hence there is no need to continue the policy of reservation in promotion for SC/STs in Central Government services.