November 30, 2018:
On Thursday, Karnataka Govt. maintained before the Supreme Court that the principle of creamy layer can’t be applied in the case of reservation in promotion to the SC/ST employees.
Senior advocate Basava Prabhu Patil, representing the state government, contended before a bench of Justices U U Lalit & D Y Chandrachud that the creamy layer was not applicable in promotion as it could be considered at entry level on appointments but only in the case of Other Backward Classes, who become socially and economically forward.
“What do you mean by the creamy layer? What about son of an IAS officer, if he belongs to the SC/ST communities,” the bench asked Patil who submitted that this issue required debate.
However, the counsel, hasserted that the concept of creamy layer has not been discussed in the M Nagaraj, B K Pavitra and Indira Sawheny judgements by the Supreme Court pertaining reservations.
Defending the fresh law passed by the Karnataka government, the state counsel said the statute was formed relying on the Ratna Prabha committee report as well as the approval granted by the state law commission. He also maintained it was a constitutional right under Article 16 (4A) to grant reservation in promotion.
His contention was strongly opposed by advocate Kumar Parimal, representing general category employees, who insisted that it was merely an enabling provision, subject to specific criteria & yardsticks.
The arguments on constitutional validity of ‘The Karnataka Extension of Consequential Seniority to Govt Servants Promoted on the Basis of Reservation (To the Posts in the Civil Services of the State) Act, 2017’ remained inconclusive and would resume on Dec 4.
Picture Source :
