‘For states to implement’: SC no to again prescribing promotion quota policy


New Delhi, Sep 14 | The Supreme Court on Tuesday declined to prescribe again a policy for determining backwardness and emphasised that orders were passed in judgments, like M. Nagaraj (2006) and Jarnail Singh (2018), wherein issues in reservation in promotion have been settled.

A bench, headed by Justices L Nageswara Rao and comprising justices Sanjiv Khanna and B R Gavai said: “We are making it very clear that we are not going to reopen Nagraj or Jarnail Singh (cases).” It pointed out that the idea was only to decide these cases in accordance with the law laid down by the top court.

The Centre, led by Attorney General K.K. Venugopal, asked the top court to issue further clarifications, against the backdrop of promotion on 2,500 posts continuing to remain stalled due to orders passed by various high courts.

Venugopal also urged the top court to recall a contempt notice issued against the Union Home Secretary in connection with ad hoc promotions of 149 officers. It was claimed these promotions were done allegedly violating the order of April 15, 2019 on the maintenance of status quo. However, the bench declined to recall the contempt notice and said it would hear it along with the main case.

Senior advocates Indira Jaising and P.S. Patwalia had cited several ambiguities in the Nagaraj judgement, which led to different high courts interfering with the guidelines framed by the state governments on reservation in promotion.

Taking up over 130 petitions, the bench directed the advocate-on-record for various state governments to identify peculiar issues and submit a note on them within two weeks.

It noted that it is not going to permit any arguments for reopening of cases or arguing that law laid down from Indira Sawhney is wrong because the very scope of these cases is to apply the law, which was laid down by the top court.

The bench orally observed that the apex court has already passed orders on how to consider backwardness, and it cannot prescribe policy further. “It is for the states to implement policy and not for us to prescribe. We are not going to decide on issue of Article 16(4) and 16(4a) of the Constitution,” it added.

The top court – in the Constitution bench decisions of Nagaraj and Jarnail Singh — had laid down conditionalities: data collection on inadequacy of representation, overall effect on efficiency in administration, and excluding creamy layers, while considering reservation in promotion for SC and STs employees.

Venugopal contended that Nagaraj ruling required interpretation and contended that judgment had left doubts in connection with reservations in promotions. He added 1,400 promotions were made on ad hoc basis and this was based on seniority without taking into consideration the principle of reservations. Justifying this decision, Venugopal said it was done to ensure the functioning of the departments is not affected.

Senior advocate Rajeev Dhavan and advocate Kumar Parimal and others, representing private parties, asked the court to ensure strict compliance of the conditionalities, which were laid down in Nagaraj judgement.

The top court has scheduled detailed hearing on the matter beginning October 5.

Source: IANS

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Does MBA really help in getting a better job offer ?

Does MBA really help in getting a better job offer ?

Most students pursuing an MBA come with the sole objective of having a decent job offer or a promotion in the existing job soon after completion of the MBA. And most of them take loans to pursue this career dream. According to a recent survey by education portal Campusutra.com  74% MBA 2022-24 aspirants said they would opt for education loans.

There are exceptional cases like those seeking master’s degree or may have a family business to take care of or an entrepreneurial venture in mind. But the exception cases are barely 1%. For the rest 99%, a management degree is a ticket to a dream job through campus placements or leap towards career enhancements. Stakes are high as many of them quit their jobs which essentially means loss of 2 years of income, apprehension and uncertainty of the job market. On top of that, the pressure to pay back the education loans. Hence the returns have to be high. There is more than just the management degree. Colleges need to ensure that they offer quality management education which enables them to be prepared for not just the demands of recruiters and for a decent job but also to sustain and achieve, all along their career path.

  • So, what exactly are the B Schools doing to prepare their students for the job market and make them industry ready ?
  •  Are B schools ready to deliver and prepare the future business leaders to cope up with the disrupted market ?  

These are the two key questions every MBA aspirant needs to ask, check and validate before filling the MBA application forms of management institutes. And worth mentioning that these application forms do not come cheap. An MBA aspirant who may have shortlisted 5 B Schools to apply for, may end up spending Rs 10,000.00 to Rs 15,000.00 just buying MBA / PGDM application forms.

While internship and placements data of some management institutes clearly indicates that recruiters today have specific demands. The skill sets looked for are job centric and industry oriented. MBA schools which have adopted new models of delivery and technology, redesigned their courses, built an effective evaluation process and prepared the students to cope with the dynamic business scenario, have done great with campus placements despite the economic slow down.

However, the skill set being looked for by a consulting company like Deloitte or KPMG may be quite different from FMCG or a manufacturing sector. Institutes need to acknowledge this fact and act accordingly.

  • Management institutes should ensure that students are intellectually engaged, self motivated and adapt to changes fast. In one word ‘VUCA ready’.
  • B Schools should encourage students to participate in national and international competitive events, simulations of business scenarios.
  • Institutes should have the right mix of faculty members with industry exposure and pure academics.

The placement records of 2021 across top management institutes indicated the fact that recruitment is happening, skilled talent is in demand and certain management institutions continued to attract recruiters even in the middle of an ongoing crisis.

It is time, all management institutes rise to the occasion, understand market realities and identify areas of improvement at both ends – students and faculty.

After all, the stakes are high at both ends. B Schools taking corrective measures will stay while those which are lagging will end up shutting down.

Author Name : Nirmalya Pal


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