The Supreme Court today refused to pass an interim order against its earlier verdict which dealt with the application of the creamy layer for reservations to SC and ST categories in government job promotions. A bench, headed by Chief Justice Dipak Misra, said a seven-judge Constitution bench is needed to consider the 2006 verdict. Attorney General KK Venugopal, appearing for the Centre, said the matter should be heard urgently by a seven-judge Constitution bench as lakhs of jobs in Railways and services are stuck due to confusion over various judicial pronouncements. The bench said one Constitution bench is already seized of various matters and the issue can only be taken up in the first week of next month.
In November last year, the apex court had said, a five-judge Constitution bench will examine the limited issue of whether the 2006 verdict delivered in M. Nagaraj and other versus Union of India was required to be re-looked at or not.
The M Nagaraj verdict had said the creamy layer concept cannot be applied to the Scheduled Castes and Scheduled Tribes for promotions in government jobs.
However, last month, the apex court had allowed the Centre to go ahead with reservations in promotion in accordance with law.