National
SC to examine if 2006 verdict on quota in promotions needs reconsideration
New Delhi, Nov 15 (IANS) The Supreme Court on Wednesday said a five-judge Constitution Bench will examine whether there is need to reconsider its 2006 judgement which said it was not mandatory for states to give reservation in promotions to Scheduled Castes and Scheduled Tribes (SCs/STs).
“The state is not bound to make reservation for SCs/STs in matter of promotions. However, if they wish to exercise their discretion and make such provision, the state has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment in addition to compliance with Article 335 of the Constitution,” the top court’s order of October 19, 2006, said.
“It is made clear that even if the state has compelling reasons, as stated above, the state will have to see that its reservation provision does not lead to excessiveness so as to breach the ceiling limit of 50 per cent or obliterate the creamy layer or extend the reservation indefinitely,” read the 2006 judgement in what is known as Nagaraj case.
A bench of Chief Justice Dipak Misra, Justice A.K. Sikri and Justice Ashok Bhushan said that the five judges will hear the matter following a two-judge bench referring the matter to the five-judge Constitution Bench.
Referring the matter to the five-judge bench, a bench of Justice Kurian Joseph and Justice R. Banumathi by a November 14 order had said that the question raised before it requires “further and finer interpretation on the application of Article 16 (4A)….”
Article 16 (4A) provides for reservation in promotions for the SCs/STs with consequential seniority which, in the opinion of the state, are not adequately represented in the state services.
The petitioners had urged the two-judge bench for a “re-look at the Nagaraj case order specifically on the ground that the test of backwardness ought not to be applied to SCs/STs”.
The petitioner also raised the issue of “application of principle of creamy layer in situations of competing claims within the same races, communities, groups, or parts thereof of SCs/STs notified by the President under Articles 341 and 342 of the Constitution of India”.
The bench headed by Chief Justice Misra was apprised by Attorney General K.K. Venugopal about the November 14 orders on Tuesday.
In fact, the bench headed by Chief Justice Misra had assembled to hear a Maharashra government plea to challenge a Bombay High Court order that set aside the state government’s May 25, 2004, rule giving 33 per cent reservation to SCs/STs, denotified tribes, different categories of nomadic groups, and special backward categories.
The rule was struck down by the Maharashtra Administrative Tribunal and later the Bombay High Court upheld the decision. Besides Maharashtra, the court was moved by many associations of SCs/STs.
–IANS
pk/tsb/dg
Lucknow: Vishal Singh, a renowned social worker from Lucknow, also known as Foodman, has once again made India proud. He was honored by the Happy Hands Gloves Cooperative Limited Company in Korathai, Thailand, for his work with the Hunger Free World Mission.
The Hunger Free World Mission’s meeting was held in Korathai, Thailand, under Vishal Singh’s leadership. Representatives from several countries, including Mr. Raja Dwivedi (Managing Director of Happy Hands Gloves Limited), Thailand Coordinator Mr. Raja Mishra, and member Mr. Varun Singh, attended the event.
Under Vishal Singh’s leadership, the attendees took a pledge to work together toward creating a hunger-free world.
Speaking on the occasion, Vishal Singh explained that the main goal of the Hunger Free World Mission is social participation. He said the mission is not just about feeding people but also about meeting other basic needs of those who are struggling. The mission focuses on helping families of terminally ill patients in hospitals by providing food and shelter. It also works to fulfill essential needs like education, jobs, and care for the elderly.
For the last 16 years, the Vijay Sri Foundation has been providing free services, benefiting thousands of people. Vishal Singh highlighted that the mission aims to gain global recognition like other organizations such as WHO, WWF, and Red Cross, which work for social causes.
During this meeting, Vishal Singh was appointed as the Chairman of the Hunger Free World Mission by representatives from various countries. They also discussed holding regular meetings in different countries to push the mission forward.
Business tycoon Dr. Abhishek Verma has also supported this humanitarian mission, vowing to promote the idea of “Seva Parmo Dharma” (Service is the highest duty) worldwide. Vishal Singh praised him, stating that people like Dr .Abhishek Verma inspire others to work for the betterment of society.
Recently, Romania’s Ambassador, Mr . Daniela Sezonov Ţane, invited Vishal Singh to the Romanian Embassy in Delhi, where they discussed the mission in detail. Impressed by his humanitarian work, she honored Vishal Singh and invited him to Romania to take the mission forward .
Food man Vishal Singh has been serving the people of India for the past 16 years. Through the Vijay Sri Foundation, he provides free meals to cancer patients & their families ,shelter, and education for women & children along with running free old-age homes in Lucknow.
In addition to his humanitarian work, Vishal Singh also addresses issues like crime and corruption through his role as Chairman of Seva Path Media and Managing Director of Vijay Sri Foundation.
During the COVID-19 pandemic, Vishal Singh and his team worked tirelessly to provide food and help to the needy, including starving children, elderly citizens, and pregnant women. Despite contracting the virus himself, he continued to assist others after his recovery. He even created a life-saving oxygen regulator using household items, which was praised by doctors both in India and abroad.
In his address at the meeting, Vishal Singh spoke about his mission to create a hunger-free world. He pointed out that India’s large population, along with issues like unemployment and poverty, has caused the country to fall on the Hunger Index. He urged people to contribute just one handful of grains daily to help create a hunger-free world.
He concluded by saying that through social participation, we can empower the people around us, meet their basic needs, and work together to build a stronger, more prosperous, and developed society.
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