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The highest court of India on Friday held that the nation is obligated to collect evident data on the sufficiency of representation before providing for reservation in the promotion for SC/ST certificate-bearing employees.
A bench consisting of Justices L Nageswara Rao, Sanjeev Khanna, and BR Gavai declined to reduce the criteria that the constitution bench of M Nagaraj (2006) and Jarnail Singh (2018) has laid down for the purpose of quota benefits for the promotion of Schedule Caste and Schedule Tribe employees.
The bench headed by Nagraj has laid down conditions like collections of quantifiable data, adequacy of representation, and overall impact on the efficiency of administration, for granting reservations, and many more.
The supreme court also declared the BK Pavitra II judgment which was passed in 2019 by the bench headed by Justice D Y Chandrachud as bad in law for having contradicting the principles laid down in 2006. The Pavitra II had then unfolded in the Karnataka court back in 2018 to provide seniority to the employees of the reserved category.
The court said,” The conclusion of this court in BK Pavitra II judgment will regard to collection of quantifiable data is in contradiction to the Nagraj judgment.
It would be meaningless to allow cadre as a unit for collection for quantifiable data for reservation in posts. However it is left to the states to access yardsticks to determine inadequacy in the reservation, the court added.
The top court has decided to hear the plea of the Centre and the States for consideration on 24th February 2022. It is also agreed to look into the plea against the Union government for promotion for hearing.