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Show us data to justify quota in promotion: Supreme Court

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3 years ago

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Show us data to justify quota in promotion: Supreme Court

The Supreme Court asked the center on Tuesday what measures it had taken to justify its decision on promotion quotas for employees belonging to the scheduled castes (SC) and scheduled tribes (ST) because of their underrepresentation and retention in their work Will not adversely affect the overall administrative efficiency.

The three judge seats headed by Judge L Nageswara Rao stated that if a judicial challenge is raised against the quotas for promotion of a specific cadre to SC and ST, the government will have to claim that they are under-represented among specific cadres and the quota granted is not appropriate. Will adversely affect the overall administrative efficiency. “Please don’t argue about the principle. Show us the data. How do you justify the reservation in the promotion, and what steps you have taken to justify these decisions.

Please accept the instructions and let us know this,” by the judge The bench composed of Sanjiv Khanna and BR Gavai. In the beginning, the Attorney General KK Venugopal, who represented the center, referred to the Supreme Court’s judgment, from the 1992 Indra Sawhney judgment (commonly referred to as the Mandal Commission case) to the 2018 Jarail Singh judgment. Mandal’s decision ruled out the promotion quota. “Relevant is that Indra Sawhney’s judgment involved backward classes, not SCs and STs,” the legal official said. “This judgment involves the question of whether each category should be reserved in proportion to its population. Then it said’should not be given this way,” because then it would far exceed the 50% upper limit,” he said.

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He said that Article 16 of the Constitution requires equality in public employment. If only performance is the standard, then the disadvantaged SC and ST in society may not be able to compete.

News Source : NDTV

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Suprme Court pulls up Delhi body for not conducting tree census

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4 weeks ago

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November 23, 2024

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Suprme Court pulls up Delhi body for not conducting tree census

The court said that it will order the constitution of an expert body to vet every proposal for tree felling in the city

The Supreme Court on Friday pulled up the Delhi Tree Authority (DTA) for failing to carry out a tree census in the Capital as required under the Delhi Tree Preservation Act (DTPA). The court added that it will order the constitution of an expert body to vet every proposal for tree felling in the city, observing that DTA lacks the expertise to do this job.

A bench headed by justice Abhay S Oka was considering an application filed by a Delhi resident, Bhavreen Kandhari, which raised questions over the performance of DTA — a statutory body under DTPA that has allowed more than 60,000 trees to be felled between 2015 and 2021. The court had issued notice on the application on November 8 as the data presented by Kandhari suggested that Delhi was losing five trees every hour.

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On Friday, the bench, also comprising justice Augustine George Masih, took up DTA’s response and said, “We want to know how DTA is functioning. Has it carried out any census of trees?” The court cited Section 7 of DTPA, 1994 (or is it 1995), which says “carrying out census of the existing trees” and “preservation of all trees” in Delhi is one of the functions of DTA.

“We intend to pass an order that no permission for tree cutting shall be passed unless it is vetted by this expert body. Unless there is a record of the number of trees, nothing can be done. Has this been undertaken? It was the duty of DTA to do this under the Act,” the court said.

The bench asked senior advocate Guru Krishnakumar, who was assisting the court as amicus, to indicate whether there should be a threshold, such as cutting of 100 or more trees, when an issue can be sent for consideration to the expert body. “Considering the diminishing green cover, we are considering whether a body of experts should consider every permission for felling of trees. We will pass orders that no permission for tree felling shall be passed unless vetted by this body. Some threshold can be fixed and DTA will have to comply with the recommendation made by the expert body,” the court said.

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