RESERVATION: Affluent in OBC, SC/ST not letting quota benefits trickle down, review lists: Bench …

Affluent in OBC, SC/ST not letting quota benefits trickle down, review lists: Bench
Govt Should Bring in Ordinance to ‘Rectify’ SC Order on Reservation in Jobs, Says Union Minister Paswan
No Fundamental Right to Reservation: Supreme Court
States Can’t be Compelled to Give Jobs, Admissions Under EWS Quota Law: Centre in SC
Creamy Layer Can’t Apply to SCs/STs, Centre Tells SC, Wants 2018 Judgment Reviewed
IIMs, IITs told to comply with quota rule for faculty hiring
More …

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Affluent in OBC, SC/ST not letting quota benefits trickle down, review lists: Bench

The Bench, comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M R Shah and Aniruddha Bose, agreed with Senior Advocate Rajeev Dhavan that the lists of those entitled to reservation must be revised from time to time.
Indianexpress.com
April 23, 2020
While the review and curative petitions will be heard through circulation in judges’ chambers, cases that need a short hearing will be heard via video conferencing.
Pointing to concerns within the OBCs and the SC/STs that reservation benefits are not reaching the truly deserving among them, the Supreme Court Wednesday said the government is “duty-bound” to periodically review the process in order to ensure that the benefits “trickle down and are not usurped by” the affluent in these categories.
Ruling as unconstitutional a January 2000 order of the Governor of the erstwhile state of Andhra Pradesh which provided 100 per cent reservation to ST candidates in posts of school teachers in Scheduled Areas, a five-judge Constitution Bench said: “Now there is a cry within the reserved classes. By now, there are affluents and socially and economically advanced classes within Scheduled Castes and Scheduled Tribes. There is voice by deprived persons of social upliftment of some of the Scheduled Castes/Tribes, but they still do not permit benefits to trickle down to the needy. Thus, there is a struggle within, as to worthiness for entitlement within reserved classes of Scheduled Castes and Scheduled Tribes and Other Backward Classes.” Read more ….

Govt Should Bring in Ordinance to ‘Rectify’ SC Order on Reservation in Jobs, Says Union Minister Paswan

The Union Minister said that about 70 Dalit and tribal MPs, including Union ministers, had met earlier this week at his residence and have put forward two main demands before the government.
News18.com
February 14, 2020
New Delhi: The government should bring an ordinance to “rectify” the Supreme Court’s recent decision on reservation in jobs for SC/ST communities and all such issues should be included in the Ninth Schedule of the Constitution to insulate them from judicial review, Union minister Ram Vilas Paswan said on Friday.
He said the government was also mulling filing a review against the Supreme Court decision and was taking legal opinion on it. …

No Fundamental Right to Reservation: Supreme Court

Dtf.in : 09.02.2020
New Delhi. It has, inter alia, been held by Hon’ble Supreme Court in the case of Mukesh Kumar & Anr. V. The State of Uttarakhand & Ors. as under:-
“16.  …  … In view of the law laid down by this Court, there is no doubt that the State Government is not bound to make reservations. There is no fundamental right which inheres in an individual to claim reservation in promotions. No mandamus can be issued by the Court directing the State Government to provide reservations. It is abundantly clear from the judgments of this Court in Indra Sawhney, Ajit Singh (II), M. Nagaraj and Jarnail Singh (supra) that Article 16 (4) and 16 (4-A) are enabling provisions and the collection of quantifiable data showing inadequacy of representation of Scheduled Castes and Scheduled Tribes in public service is a sine qua non for providing reservations in promotions. The data to be collected by the State Government is only to justify reservation to be made in the matter of appointment or promotion to public posts, according to Article 16 (4) and 16 (4-A) of the Constitution. As such, collection of data regarding the inadequate representation of members of the Scheduled Castes and Schedules Tribes, as noted above, is a pre requisite for providing reservations, and is not required when the State Government decided not to provide reservations. Not being bound to provide reservations in promotions, the State is not required to justify its decision on the basis of quantifiable data, showing that there is adequate representation of members of the Scheduled Castes and Schedules Tribes in State services. Even if the underrepresentation of Scheduled Castes and Schedules Tribes in public services is brought to the notice of this Court, no mandamus can be issued by this Court to the State Government to provide reservation in light of the law laid down by this Court in C.A. Rajendran (supra) and Suresh Chand Gautam (supra). Therefore, the direction given by the High Court that the State Government should first collect data regarding the adequacy or inadequacy of representation of Scheduled Castes and Scheduled Tribes in Government services on the basis of which the State Government should take a decision whether or not to provide reservation in promotion is contrary to the law laid down by this Court and is accordingly set aside. … …” – SC Judgment dated 07.02.2020 – Mukesh Kumar & Anr. V. The State of Uttarakhand & Ors.

 

See more judgments at Court Judgements On Service Matters.

States Can’t be Compelled to Give Jobs, Admissions Under EWS Quota Law: Centre in SC

News18.com
January 7, 2020
New Delhi: The central government has submitted in the Supreme Court that it cannot compel states to give reservation benefits to economically weaker sections (EWS) in jobs and education there.
In its affidavit, the Centre maintained that it is completely up to the state governments to dole out quota benefits for EWS in terms of the recent constitutional amendments. …

Creamy Layer Can’t Apply to SCs/STs, Centre Tells SC, Wants 2018 Judgment Reviewed

The creamy layer principle, under which the ‘advanced’ among the socially disadvantaged sections are excluded from the quotas for jobs and admissions, now applies only to the Other Backward Classes (OBCs).
News18.com
December 2, 2019
New Delhi: The central government on Monday sought a reconsideration of the 2018 Supreme Court judgment that sought to exclude “creamy layer” within the Scheduled Castes (SC) and Scheduled Tribes (ST) categories from reservation benefits.
Attorney General KK Venugopal expressed doubts over correctness of the five-judge bench judgement in Jarnail Singh’s case in 2018. “We want the matter to be now heard by a seven-judge bench. The creamy layer concept cannot be applied to SC/ST,” Venugopal submitted before a bench headed by Chief Justice of India SA Bobde. …

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IIMs, IITs told to comply with quota rule for faculty hiring

While central universities mostly implement the faculty quota — 15% for Scheduled Castes, 7.5%for Scheduled Tribes, 27% for Other Backward Classes and 10% for the Economically Weaker Sections (EWS) — IITs and IIMs largely do not do so. Both IITs a…
Economic Times
Nov 21, 2019
NEW DELHI: Days after a parliamentary panel quizzed the Human Resource Development (HRD) ministry over poor implementation of the reservation policy in faculty recruitment, the Union government has asked all central educational institutes, including IITs and IIMs, to ensure faculty hirings as per the quota policy. …

RESERVATION FOR SCs/STs/OBCs

Maharshtra: Interim stay on Maha govt’s decision on Maratha quota

Deccanherald.com
Mumbai, NOV 08 2019
The Bombay High Court on Friday granted interim stay on a Maharashtra government resolution terminating services of over 2,000 persons employed in government jobs under the open category so as to fill the same with persons from the Maratha community. …

Karnataka: Panel seeks public opinion on SC/ST quota hike

Deccanherald.com
Bengaluru , NOV 07 2019
The Justice Nagamohan Das Commission, which is looking into demands for increasing the SC/ST reservation in the state, has invited inputs from the public. …

Census in 2021: We know the number of cows & pigs in India, but not those of OBCs & Brahmins

Modi govt rightly believes data is required for proper planning and formulation of any programme. But this holds true for social policies too.
Theprint.in
23 October, 2019
xx xxx
But this is not the case with humans. Indian men, women, and people from the third gender are not enumerated in a manner that would shape government policies in the best possible way. India will soon have its decadal Census, in 2021. The preparation for this mammoth exercise has already started. But we do not know whether the Modi government will collect all sociological data of Indian citizens or not. In September last year, then-Home Minister Rajnath Singh had said that the BJP government would collect data on the Other Backward Classes (OBCs) in Census 2021. But the current home ministry under Amit Shah has not given any such assurance or undertaking. …

UP: Thousands become ‘Tribals’ in UP to usurp ST job quota

Newindianexpress.com
23rd October 2019
NEW DELHI: Several thousand government jobs, under the reserved quota, were usurped in Uttar Pradesh, in connivance with local administration officials including the District Magistrates. In several instances, which have come to light now, candidates of Other Backward Classes (OBCs) converted themselves into Scheduled Tribes to exploit the quota under ST category. The racket flourished in UP during the rule of Samajwadi Party (SP) and the Bahujan Samaj Party (BSP), which dominated politics in India’s largest state in the last two decades. …

Setback for Yogi Adityanath Govt as Allahabad HC Stays Move to Include 17 OBCs in SC List

News18.com
September 16, 2019
Lucknow: In a setback to the Yogi Adityanath administration, the Allahabad High Court on Monday stayed the government’s decision to include 17 Other Backward Castes (OBC) in the Scheduled Castes (SC) list.
The court’s decision came on a petition filed by social activist Gorakh Prasad. …

Maratha quota cannot be given retrospectively: SC

Timesofindia.indiatimes.com
July 13, 2019
NEW DELHI: A day after the BJP-Shiv Sena government in Maharashtra decided to grant Maratha reservation retrospectively from 2014, the Supreme Court on Friday restrained it from doing so and made it clear that the law, upheld by the Bombay High Court recently, could be not implemented from a back year. …

Reserved category candidate can’t migrate to general seat after availing age relaxation: SC

Moneycontrol.com
July 04, 2019
A reserved category candidate, who has availed age relaxation in a selection process, cannot seek accommodation in or migration to general category seat at a later stage, the Supreme Court on Thursday held. The top court said that Article 16(4) of the Constitution empowers a state to give reservation in appointments to any backward class of citizens, which in its opinion, is not adequately represented in the service there. …

Opposition flays Uttar Pradesh govt after Centre terms move to add 17 OBC communities into SC list ‘not proper’, beyond state’s power

Firstpost.com
Jul 02, 2019       
Lucknow, Jul 2 (PTI) With the Centre Tuesday declaring the Uttar Pradesh government’s move to include 17 OBC communities into the scheduled castes list beyond the state’s power, the state opposition parties accused the Adityanath government of trying to mislead people.
The state government had on 24 June directed district adminstration to issue SC certificates to 17 OBCs — Kashyap, Rajbhar, Dhivar, Bind, Kumhar, Kahar, Kewat, Nishad, Bhar, Mallah, Prajapati, Dhimar, Batham, Turha, Godia, Manjhi and Machua. …

Yogi Adityanath-led UP Government Includes 17 OBC Castes In The Scheduled Caste Category

Republicworld.com
June 28, 2019
Hack:
• Yogi Adityanath-led Uttar Pradesh government has added 17 castes including Kashyap, Mallah, Kumhar, Rajbhar, Prajapati, and others in the list of Scheduled Castes
• Authorities have been directed to issue caste certificate to families belonging to these 17 castes
• Previously, both the SP and BSP governments had attempted to include the above-mentioned castes into SC category but failed to do so in 2005, 2007 and recently in 2016 …

Bombay High Court Confirms Maratha Quota, But Says 16% Not Justifiable

Maratha reservations: The division bench of Justices Ranjit More and Bharati Dangre, however, ordered that the quantum be lowered from 16 per cent to 12-13 per cent.
Ndtv.com
June 27, 2019
MUMBAI: The Bombay High Court today upheld the Maharashtra government’s decision to provide reservation to the Maratha community in government jobs and educational institutions. However, the court cut down on the quantum of 16 per cent approved by the government on the grounds that it was not “justifiable”. …

SC/ST quota in promotions: Supreme Court OKs Karnataka law

Indianexpress.com
May 11, 2019
Underlining that quota for Scheduled Castes and Scheduled Tribes is “not at odds with the principle of meritocracy” and is “true fulfilment of effective and substantive equality by accounting for the structural conditions into which people are born”, the Supreme Court, in a landmark ruling Friday, upheld the constitutional validity of a 2018 Karnataka law granting consequential seniority to government servants promoted on the basis of reservation. …

More: Hon’ble Supreme Court has held as under:-

• SC: “Finally,   it   may   also   be   noted   that   under   the Government Order dated 13 April 1999, reservation in promotion in favour of SC‘s and ST‘s has been provided until the representation for thesecategories reaches 15 per  cent and  3per  cent, respectively. The State has informed the Court that the above Government Order is applicable to KPTCL and PWD, as well. 
  K   Conclusion
  144.  For the above reasons, we have come to the conclusion that the challenge to the constitutional validity of the Reservation Act 2018 is lacking in substance. Following the decision in BK Pavitra I, the State government duly carried out the exercise of collating and analyzing data on the compelling factors adverted to by the Constitution Bench in Nagaraj.  The Reservation Act 2018 has cured the deficiency which was noticed by BK Pavitra Iin respect of the Reservation Act2002. The Reservation Act 2018 does not amount to a usurpation of judicial power by the state legislature. It is Nagaraj and Jarnail compliant. The Reservation Act 2018 is a valid exercise of the enabling  power conferred  by Article 16 (4A) of the Constitution.” –   SC Judgment dated 10.05.2019 – B.K. Pavitra and Ors. v. Union of India and Ors.
  SC: “Thus, we conclude that the judgment in Nagaraj (supra) does not need to be referred to a seven–Judge Bench. However, the conclusion in Nagaraj (supra) that the State has to collect quantifiable data showing backwardness of the Scheduled Castes and the Scheduled Tribes, being contrary to the nine-Judge Bench in Indra Sawhney (1) (supra) is held to be invalid to this extent.” – SC Judgment dated 26.09.2018 – Jarnail Singh & Others Vs. Lachhmi Narain Gupta & Others >>> Court Judgements on Service Matters

Quota for promotions to SC/ST employees: SC orders status quo on Delhi HC order

Outlookindia.com
April 15, 2019
New Delhi, Apr 15 The Supreme Court Monday ordered status quo on the Delhi High Court’s order which had asked the Centre to comply within three months with the apex court’s judgement on grant of reservation for promotions in government jobs to SCs and STs employees. …

97% of OBC Quota Jobs, Admissions Went to Under 25% Sub-Castes: Report

These findings are part of a consultation paper prepared by the Commission to Examine Sub-Categorisation of OBCs.
Thewire.in
New Delhi: Of the jobs and educational positions reserved for the Other Backward Classes at the Central level, 97% have gone to people from less than a quarter of all OBC sub-castes, the Indian Express has reported. In addition, 938 OBC sub-castes – which make up 37% of the total number – have no representation at all in the reserved seats. …

U’khand HC orders quota for transgenders in edu institutions, public appointments

Moneycontrol.com
Sep 28, 2018
The Uttarakhand High Court directed the state government to provide reservation to transgenders in educational institutions and public appointments.
The high court gave the state government six months’ time to implement the decision. …

Can creamy layer be extended to SCs & STs too, asks CJI-led Supreme Court bench

Indianexpress.com
August 24, 2018
THE SUPREME Court on Thursday wondered if it could extend the concept of creamy layer, which currently applies to Other Backward Classes (OBCs) only, to the Scheduled Castes (SCs) and Scheduled Tribes (STs) too. …

Can reservation be continued in perpetuity, asks Supreme Court

Timesofindia.indiatimes.com
August 24, 2018
New Delhi: Weighing the legality and desirability of introducing the “Creamy layer” elimination concept in reservation in promotion, the Supreme Court asked on Thursday whether the backwardness of Scheduled Castes and Scheduled Tribes would persist forever, requiring the perpetuation of quotas. …

UGC tells universities to put controversial quota system for teachers on hold

The move to stop the department-wise distribution of quota comes after a meeting of NDA constituents with the PM.
Theprint,in
July 20, 2018
New Delhi: The ministry of human resource development Wednesday asked the University Grants Commission (UGC) to put on hold its new quota plan for teachers till the Supreme Court issues its verdict in the matter. The court will take up the case Friday. …

No interim order against ruling on ‘creamy layer’ in quota for SC, ST govt. staff in promotions: apex court

Thehindu.com
July 11, 2018
The Supreme Court on Wednesday indicated that a seven-judge Bench may be constituted to examine whether a 2006 judgment by a five-judge Bench of the court interrupted the grant of quota in promotions.
A three-judge Bench led by Chief Justice of India Dipak Misra scheduled a batch of over 40 petitions on the question of referral to a seven-judge Bench on August 3. …

SC/ST quota in promotions also applies to states: Centre

Timesofindia.indiatimes.com
Jun 14, 2018
NEW DELHI: The personnel department will issue a direction to all states to follow reservation for SC/STs in promotions in government jobs, Union minister Ram Vilas Paswan said on Wednesday, announcing a decision taken by an informal group of ministers.
Paswan said the Supreme Court’s nod to the Centre to resume quotas in promotions will be applicable to government jobs at the Centre and in states. “There was some confusion following queries as to whether the SC’s direction will be applicable only to the Central government. There is no confusion now. Both the Centre and states will follow the procedure of reservation in promotion,” the minister said. …

Supreme Court allows quota in SC/ST employees’ promotion until Constitution bench adjudicates on issue

Timesofindia.indiatimes.com
Jun 5, 2018
NEW DELHI: The Supreme Court (SC) today permitted the Centre to provide reservation in promotion for SC/ST employee as per law until the issue is adjudicated by its Constitution bench. At the same time, the SC didn’t clarify which law to follow.
The Centre told the bench that it was bound to give promotion to its employees, and that promotion has virtually come to a standstill after orders passed by various high courts. …

Panel to examine splitting of OBCs

Timesofindia.indiatimes.com 
Oct 3, 2017
NEW DELHI: Former Delhi high court chief justice G Rohini has been appointed to head a commission to examine the proposal for sub-categorisation of Other Backward Classes (OBCs), an issue with significant political ramifications. The commission’s members include J K Bajaj, director of the Centre for Policy Studies, Chennai.
On Monday, the President gave his nod to the panel, which will seek to ensure the most backward get the benefits of reservation. …

OBC reservation: ‘Creamy layer’ bar may be raised to Rs 8 lakh/annum

Timesofindia.indiatimes.com
Aug 21, 2017
NEW DELHI: A ministerial panel is learnt to be taking a final look at a proposal which seeks to raise the income bar defining “creamy layer” for OBC reservation to Rs 8 lakh per annum. The Cabinet note sent by the social justice ministry has been lying with the government for nearly one year and is in the final stages of approval.
According to those in the know, it has been referred to a Group of Ministers for a second view before being sent to the Cabinet for government assent. …

Those found using fake caste certificate for education or employment will lose degree, job: Supreme Court

Timesofindia.indiatimes.com
Jul 6, 2017,
NEW DELHI: The Supreme Court on Thursday said anyone found guilty of using a forged caste certificate for getting education and employment will lose their degree and their job.
In addition, they will also be punished, said the top court.
In the case of employment, the top court said it doesn’t matter how long a person has held their job. …

More:  SC Judgement dated 06.07.2017 – Chairman and Managing Director FCI and Ors. Vs. Jagdish Balaram Bahira and Ors.  >>> Court Judgements on Service Matters

Man held for using fake certificate to claim job

Thehindu.com 
February 16, 2017
The Regional Office of the Civil Rights Enforcement Cell, Belagavi, has registered a criminal case against Sanjeev, son of Nagaraj Alur of Shivanand Nagar in Dharwad, for using a fake caste certificate to claim a government job, besides educational and monetary benefits. …

Brahmin adopted by SCs can get quota job, says Punjab and Haryana HC

Timesofindia.indiatimes.com
Feb 23, 2017
CHANDIGARH: Can a person avail the benefits of reservation under Scheduled Caste (SC) if he was born a Brahmin but was adopted and brought up by SC parents? In an order that will have wide-ranging ramifications, the Punjab and Haryana high court has held that such a person cannot be denied a government job under the reserved category. …

Cabinet approves inclusion/amendments in the Central List of Other Backward Classes notified in respect of 8 States

Nov 30, 2016
“The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval to notify inclusion/Amendments in the Central List of Other Backward Classes notified in respect of States of Assam, Bihar, Himachal Pradesh, Jharkhand, Maharashtra, Madhya Pradesh, Jammu & Kashmir and Uttarakhand.
On the recommendation of the National Commission for Backward Classes (NCBC), a total of 2479 Entries for inclusion, including its synonyms, sub-castes, etc. in the Central List of Other Backward Classes have been notified in 25 States and 6 Union Territories. The last such notification was issued till September, 2016. Meanwhile more advices for inclusion of castes/communities and corrections in the existing list of OBCs for the State of Assam, Bihar, Himachal Pradesh, Jharkhand, Maharashtra, Madhya Pradesh, Jammu & Kashmir and Uttarakhand have been received from NCBC. Accordingly, a total of 28 changes recommended by NCBC in respect of 8 states including Jammu and Kashmir (15 new entries, 09 synonyms/sub-castes and 04 corrections) have been notified.
The changes will enable the persons belonging to these castes/ communities to avail the benefits of reservation in Government services and posts as well as in Central Educational Institutions as per the existing policy. They will also become eligible for benefit under the various welfare schemes, scholarships etc. being administered by the Central Government, which are at present available to the persons belonging to the Other Backward Classes.
Background
The NCBC was set up in pursuance to the Supreme Court judgement in the Indra Sawhney case as per the NCBC Act 1993. Section 9 (“Functions of the Commission”) of the NCBC Act 1993 states as under:
(i) The Commission shall examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the Central Government as it deems appropriate.
(ii) The advice of the Commission shall ordinarily be binding upon the Central Government.”
(Source: pib website)

Supreme Court: 3 per cent quota for disabled must in all posts

Indianexpress.com
July 04, 2016
The court was ruling on two petitions which challlenged this policy in recruitment to state-run Prasar Bharati. S K Rungta, the only visually impaired senior counsel in the country, led the legal challenge.
QUASHING THE central government’s earlier orders on restricting reservation for the differently-abled in promotion to Group A and Group B posts, the Supreme Court has ruled that three per cent reservation shall be provided to them in all posts and services under the Government of India. …

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