Can reservation be continued in perpetuity, asks Supreme Court
NEW DELHI: Weighing the legality and desirability of introdcing the "creamy layer" elimination concept in reservation ireservation in promotion, the Supreme Court asked on Thursd whether the backwardness of backwardness of Scheduled Castes and Scheduled Tribes would persist forever, requiring the perpetuation of quotas. This response from a five-judge bench led by CJI Dipak Misra .. came after a clutch of senior advocates — additional solici general Tushar Mehta, Nidhesh Gupta, Dinesh Dwivedi, Indira Jaising, Rupinder S Suri, A Mariarputham and Sanjay Hegde appearing for states and SC/ST employees, argued that the correctness of the SC's 2006 Nagraj judgment puttin a spoke in quota in promotion needed to be tested by a seven The bench of CJI Misra and Justices Kurian Joseph, R F Narim Sanjay Kishan Kaul and Indu Malhotra said, "Entry-level reservation in employment on the basis of backwardness is no problem. But what is worrying us is the accelerated pr accelerated promotion to all SC/ST employees without lookin into their status of employment."
"Suppose a person by virtue of reservation gets into IAS and becomes secretary through reservation in promotion. Can a very senior bureaucr bureaucratic posts are to be given through reservation, it it will spell disaster for the country."Supporting Bhushan, senior advocate and constitutional exper Rajeev Dhavan said, "Creamy layer elimination from reservati elimination from reservation benefits is nothing but a reaso reasonable application of the concept of equality. Through e Through entry-level reservation, those who have suffered for centuries are given a chance to compete with equals..But certain individuals among SC/STs who have moved up and gone beyond backwardness should not be given reservation in promotion. There is no immortality to reservation."