Lawstreet Journal

Supreme Court Asks Centre To Show Data On Reservation Quota In Promotions Of SCS, STS

Lawstreet Journal 26 Feb 2022 11:59pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court Asks Centre To Show Data On Reservation Quota In Promotions Of SCS, STS

The data must correspond to the period after the Supreme Court's 2006 verdict in M Nagaraj, by which certain conditions were laid down for the government before implementing provisions for reservation in promotion, according to a bench of justices L Nageswara Rao and BR Gavai.

On February 24 , 2022 , the Supreme Court ordered the Union government to produce "current data" to demonstrate their application of mind in providing for reservation in promotion for people from Scheduled Castes (SCs) and Scheduled Tribes (STs). The data must correspond to the period after the Supreme Court's 2006 verdict in M Nagaraj [1], by which certain conditions were laid down for the government before implementing provisions for reservation in promotion, according to a bench of justices L Nageswara Rao and BR Gavai.

Senior Advocate, Dr. Rajeev Dhavan pointed out the significance of contemporaneous data in the view of mandate in M.Nagraj by stating "The Union of India is asked to produce an affidavit giving particulars of the contemporaneous data, as well as the application of mind in providing reservation in promotion," the court said, giving the Centre two weeks to present the data.

In the M Nagaraj case, a constitution bench judgement in 2006 mandated that the state collect quantifiable evidence demonstrating the inadequacy of representation of a sector of the population in public employment while still maintaining overall administrative efficiency.

Another Constitutional bench affirmed the concept of measurable data in its 2018 judgement in the Jarnail Singh case, which also… Continue Reading...


Tagged: Reservation   Supreme Court of India  
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