Swarna Shukla-
Published On: October 06, 2021 at 17:47 IST
Observing that Reservation in Promotion for Scheduled Caste and Scheduled Tribes cannot go on indefinitely but only till the time they are adequately represented, the Supreme Court asked the Centre to show data to justify the continuance of the quota.
“Show us the data. How do you justify reservations in promotions and what exercise have you undertaken to justify your decision,” A Bench of Justice L Nageswara Rao questioned the Attorney General, KK Venugopal.
The Court asked while hearing Petitions by the Centre and States highlighting issues in connection with the implementation of its 2018 judgement in the case of Jarnail Singh vs. Lachhmi Narain Gupta and others.
The Bench consisting of Justice Sanjeev Khanna and B R Gavai stated that it will first deal with the issue of whether Reservation in Promotion has been implemented based on quantifiable data.
In the case of M Nagraj vs Union of India, the Court stated, “The State is not bound to make reservations for Scheduled Caste and Scheduled Tribes in a matter of promotions. However, if they wish to exercise their powers and make such provisions, the State has to collect quantifiable data to show the backwardness of the class and inadequacy of representation in public employment and to make sure that the limit doesn’t exceed 50% limit.”
Also Read: Supreme Court: Issue Notice on Reservation in Promotions for PwD Category