Promotion for SC, ST: AG submits report on how 3 states are handling creamy layer issue

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Above: Supreme Court   

The Supreme Court bench of the Chief Justice Dipak Misra and Justices A K Sikri and Ashok Bhushan on Wednesday (November 15) dealing with the issue of promotion for SC, ST in jobs was informed by Attorney General K K Venugopal that Delhi, Maharashtra and Karnataka were tackling the issue. The AG submitted a report on how the states were planning to tackle the issue.

Senior advocate Indira Jaising submitted to the apex court that the N Nagaraj case which is related to the promotion of ST and SC in jobs must be overruled.

Senior counsel objected to the arguments of Jaising by saying, “This reconsideration should not be done.”

He read a judgment of 2016 held by the then CJI, and added, “Nagraj is a wide judgment and so many principles came through this. So this is not the right way.”

Senior Counsel Rajiv Dhawan submitted, “The creamy layer things cannot be applied on ST and SC. Backwardness and inequality is found in Article 16(4)A of Constitution.”

Dhawan further added, “We are general category. We are struggling in every case. Our batchmates have gone 3 levels high and we are retiring on same post. These things must be over. Otherwise our careers are over.”

                                        —India Legal Bureau