Quota in promotions for SC/ST: SC rules out early formation of larger bench

NEW DELHI: The Supreme Court today ruled out early formation of a Constitution bench to deal with various issues related to reservation, including the extension of “creamy layer” exclusion principle in grant of quota to SC/ST Government employees in promotion.
A bench headed by Chief Justice Dipak Misra had earlier said that a five-judge Constitution bench would examine as to whether its 2006 verdict in the M Nagraj case needed a re-look.
The verdict had said that the creamy layer exclusion principle, applicable in grant of quota to Other Backward Classes (OBCs), cannot be applied to Scheduled Castes and Scheduled Tribes for promotions in Government jobs.
“It will take some time to constitute a bench,” the bench, which also comprised Justices A M Khanwilkar and D Y Chandrachud, today said when lawyers Naresh Kaushik and Suyash Mohan Guru mentioned the matter and sought early setting up of the larger bench to deal with the issue.
The court had earlier tagged several petitions on the issue of grant of quota to SC/ST. (AGENCIES)