The Supreme Court today refused to pass an interim order against its 2006 verdict which dealt with the application of the ‘creamy layer’ for reservations to SC and ST categories in government job promotions.
Earlier on June 5, the court had allowed the central government to go ahead with reservation in promotion for employees belonging to the scheduled caste and scheduled tribe categories in “accordance with law”.
The apex court took into account the central government’s submissions that the whole process of promotion has come to a “standstill” due to separate orders passed by various high courts and the apex court had also ordered for “status quo” in a similar matter in 2015. The government had said there were separate verdicts by the high courts of Delhi, Bombay and Punjab and Haryana on the issue of reservation in promotion to SC/ST employees and the apex court had also passed different orders on appeals filed against that judgement.
The Nagaraj verdict had said the creamy layer concept cannot be applied to the Scheduled Castes and Scheduled Tribes for promotions in government jobs like two earlier verdicts — 1992 Indra Sawhney and others versus Union of India (popularly called Mandal Commission verdict) and 2005 E.V. Chinnaiah versus State of Andhra Pradesh — which dealt with creamy layer in the Other Backward Classes category.
Reservations on the basis of caste itself don’t make much sense to our educated society and when we talk of reservation in promotions- government jobs that’s pathetic. One could consider reservation on basis of income but simply not on grounds of caste.
In India, we have reservations at all the stages- education, jobs, elections etc. But reservations to promote a person to a higher post in the Job hierarchy is a whole new drama.