Bhopal (Madhya Pradesh): SAPAKS (Samanya, Pichda, Alpsankhyak Kalyan Samaj) told the High Court, principal bench Jabalpur, on Friday that Madhya Pradesh could face the same outcome as Uttar Pradesh in 2012 if it fails to compile proper data on backwardness to justify reservation in promotion. UP’s reservation in promotion policy had been quashed for lack of supporting data.
This was the second consecutive day of hearing in HC, Jabalpur, on reservation in promotion.
SAPAKS advocate Naresh Kaushik said, “Uttar Pradesh government’s policy of providing reservation in promotion for SC/STs was quashed by the Supreme Court in 2012 because the state failed to provide sufficient data to justify the move, which was required after the M Nagaraj judgement.
The Allahabad High Court had first struck down the policy, and the Supreme Court upheld that decision. This forced the UP government to bring an ordinance and later a bill to implement the court’s order, withdrawing quota in promotions.”
He said, “We cited NM Thomas case, which dealt with reservation in promotions and became a landmark judgement upholding reservation for Scheduled Castes and Scheduled Tribes in public employment. While it affirmed constitutional validity, two judges questioned the rigidity of 50% ceiling, calling it a ‘rule of caution’.
The case is also known for the first use of term ‘creamy layer’, though it was only an observation and not binding law, meant to prevent affluent groups within backward classes from taking undue benefit.”
