Reservation in promotion : Benefits can not be taken back, Centre tells SC
New Delhi, Aug 16 (IBNS) : In a reply to the Supreme Court on the removal of creamy layer concept from promotion in government jobs, the Centre on Thursday stated that once benefits are given, it cannot be taken back, media reports said.
Attorney General K K Venugopal told a five-judge bench headed by CJI Dipak Misra that only the President and the Parliament, not the judiciary, have the power to exclude a certain class of SC/ST from such benefits.
The bench is examining whether its 2006 verdict in the M Nagaraj Vs Union of India judgement, which nullified the creamy layer concept in the promotion of SC/STs in government jobs, requires reconsideration.
The Nagaraj verdict said that if the state wanted to provide reservation in promotion for SC/STs, it must first collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment.
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