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No need to collect data on SC/ST for quota in job promotions, says Supreme Court

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No need to collect data on SC/ST for quota in job promotions, says Supreme Court

The Supreme Court today (Wednesday, September 26) ruled that states don’t have to collect quantifiable data on ‘backwardness’ for giving quota in job promotion to SC/ST employees.

A five-judge constitution bench headed by Chief Justice Dipak Misra and also comprising Justices Kurian Joseph, RF Nariman, SK Kaul and Indu Malhotra refused to refer the pleas against its 2006 judgment in M Nagaraj vs Union of India to a larger seven-judge bench, while ruling that the guidelines laid down by it in the case for providing reservations in job promotions were “bad in law”.

The court termed the Nagaraj verdict and the guidelines laid out in it for reservations as being contrary to the Supreme Court’s historic judgment in the Indra Sawhney case.

However, the court was silent on the other two caveats put by Nagraj judgment— collection of data on adequacy of representation of SC/ST in promotional posts and not to disturb administrative efficiency.

The SC bench had reserved its verdict on August 30 after hearing various stakeholders, including the Centre, on the matter.

The Nagaraj verdict was pronounced on October 19, 2006 by a five-judge Constitution Bench comprising Justice YK Sabharwal, KG Balakrishnan, SH Kapadia, CK Thakker and PK Balasubramanyan.

The court had said, “…State will have to show in each case the existence of compelling reasons, namely backwardness, inadequacy of representation and overall administrative efficiency, before making provision for reservation in promotion,” reported India Legal.

The Centre and various state governments had also sought reconsideration of this verdict on various grounds, including that the members of the SC and ST communities are presumed to be backward and considering their stigma of caste, they should be given reservation even in job promotions. The verdict was proving to be a hurdle to filling up lakhs of vacancies in different government departments spread across various States.

The Centre had alleged that the verdict in the M Nagraj case had put unnecessary conditions in granting quota benefits to the SC and ST employees and sought its reconsideration by a larger bench.

Attorney General KK Venugopal, appearing for the Centre, had strongly argued in favour of granting quota to SC and ST employees, saying there was a presumption of backwardness in their favour.

He said the SC and ST communities have been facing caste-based discrimination for long and the stigma of caste is attached to them despite the fact that some of them have come up.

During one of the hearings, senior advocate Rakesh Dwivedi, who represents those opposing quota in promotions, had told the bench that earlier there was presumption of backwardness with regard to scheduled caste and scheduled tribe communities.

There should not be quota in promotions for higher services as the presumption of backwardness of SC and ST employees “vanishes” once they join government service, he had claimed.

Dwivedi had also said quota in promotions for SC/ST may be continued for class-IV and class-III services, but should not be allowed for higher services.

Earlier, the top court had questioned the logic behind granting quota in promotions in government jobs to the kith and kin of affluent persons among the SC and ST communities who have been holding high official positions.

It had asked why the ‘creamy layer’ principle, used to exclude the affluent among other backward classes (OBCs) from enjoying the fruits of reservation, cannot be made applicable to deny quota benefits in promotion to those affluent among the SC and ST communities.

India News

Coding Ninjas faces social media criticism over prohibiting staff from leaving office without permission

According to the Indian labor law, the rights to safe working place with basic amenities, right to appropriate working hours, right to any assured incentive are protected under the law. There are many instances when companies have violated the Indian Labour Law

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Coding Ninja

Computer training institute Coding Ninjas is facing a backlash after a video went viral in which a watchman can be seen locking doors of an office of Coding Ninjas so that employees could not exit without permission from the office.

Ed-tech entrepreneur Ravi Handa shared a video on Twitter saying Indian ed-tech founders are now literally locking their employees. He said that this company should to get out of this country. Nowhere else would anyone dare to pull off something like, they do in India.

Responding to the person, recording the video, the watchman informed that one of the managers has ordered to not let employees out of the office without permission. After the video went viral, several people on the internet reacted to it and demanded the strict action. People said such behaviour raises many serious concerns.

A Coding Ninjas spokesperson issued a statement, clarifying that the incident that occurred two days ago and was due to a regrettable action by an employee in one of their offices.  He added the same was immediately rectified within a few minutes. The employee acknowledged his mistake and apologized for such behaviour. Disciplinary action has been taken against the concerned employee as the company believes in their values and culture as an organization. As the incident caught everyone’s attention, the founders of the Coding Ninjas also expressed their regret and issued an apology to all their employees.

According to Indian labour law, the rights to safe working place with basic amenities, right to appropriate working hours, right to any assured incentive are protected under the law. There are many instances when companies have violated the Indian labour law. The authorities have to be more active in terms of labour law to check if they are being followed properly by companies.   

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India News

Tollbooth staffer dies after being assaulted by four persons on Mysuru-Bengaluru expressway | Watch viral video

The deceased has been identified as Pawan Kumar, a resident of Karikal Tandya in Bengaluru

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Tollbooth staffer dies after being assaulted by four persons on Mysuru-Bengaluru expressway | Watch viral video

In a shocking incident, an employee of the Mysuru-Bengaluru Expressway toll plaza was beaten to death in Karnataka’s Ramanagar district. A video of the incident is now viral on the Internet.

In the viral video, some people on a highway can be seen hitting a man, reportedly for a fight over paying the toll fee.

The deceased has been identified as Pawan Kumar, a resident of Karikal Tandya in Bengaluru Taluk. His colleague Manjunath was also injured in the attack.

The incident took place on June 4, Sunday night, when an argument broke out between the toll staff and a group of men over paying the toll fee. The accused allegedly had a heated argument with the staff over the delay, which lead to a fistfight.

The passers-by stopped and pacified. It seemed that the fight was over for the time being but the angry accused reportedly waited for Kumar, the victim.

At midnight, as Kumar stepped out of the plaza, the four people attacked him and Manjunath with hockey sticks. The whole incident was captured on CCTV. Both were taken to the hospital where Pawan Kumar died because of the injuries. The accused fled the scene after the incident.

The Police have registered a case of murder and an investigation is ongoing to catch the accused at the earliest. According to the police, the accused have been identified based on the CCTV camera footage of the incident and is said to be from Bengaluru.

Users filled the comments section, where one person wrote, the accused should join school again and learn the importance of peace. Another user wrote that toll plaza employees should be taught how to behave as they misbehave with the commuters. He added the situation was good when the female employees were deployed in the tollbooth.

A user wrote it was a total failure of the law and order implementation by the local police.

Reports said local commuters have been protesting against the toll collection in the expressway as similar incidents of heated arguments with the toll employees have been reported in the past.

The Mysuru-Bengaluru expressway was inaugurated on March 12 by Prime Minister Narendra Modi. The local commuters have complained, whenever they travel by the Bengaluru-Mysuru expressway, there is a delay in opening the barrier despite a fast tag. The toll plaza employees said there had been a technical issue as there is a delay in the detection of vehicles near the toll plaza by the sensors.     

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Bihar news

Bride gets kidnapped by her brother over inter-caste marriage in Bihar’s Araria, video viral

After the incident Police reached the parent’s house and rescued her from them. The incidence took place in Shyamnagar village in Araria on June 3 which is going viral on social media. The woman is identified as Rupa Kumari who was in love with her boyfriend Chotu Kumar for a long time.

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Bihar araria's bride kidnap

A video is doing a rounds on internet, a young girl is forcefully abducted by the two men happened to be her relatives. The distressing incident can be seen in the video, it is being claimed that the girl choose to marry someone from another caste. The young girl tied the knot with her lover a few days ago against the family decision since the groom had a different caste.

After the incident Police reached the parent’s house and rescued her from them. The incidence took place in Shyamnagar village in Araria on June 3 which is going viral on social media. The woman is identified as Rupa Kumari who was in love with her boyfriend Chotu Kumar for a long time. As her family members were against their marriage, they planned to escape on May 28 and went to adjoining Supaul district where they got married in a temple and also held a court marriage.

The family member of Chotu Kumar reached Supaul when they learned about their marriage and brought them back home. As the family member of the girl was against this marriage, a panchayat meeting was organized to resolve the issue.

The father of Chotu Surensh Kumar Thakur claimed that the family member of the girl attacked him while the panchayat meeting was underway. He said they were also looking for his son Chotu, doubting their intention he did not bring his son to the panchayat meeting. Taking the advantage of it, the girl’s brother dragged her to the bike and fled away from the spot.

SDPO, Forbesganj, Khusru Siraj said when the incident came to their notice, a team immediately rushed at the spot and managed to bring the girl from the captivity of her parents. The family members of the girl were involved in physical assault of Chotu’s father. The Police have registered an FIR in this connection on the statement of the girl and Chotu’s father.

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