SC Refuses To Dilute Conditions For Reservation in Promotion For SCs/STs, Says Collection of Quantifiable Data Mandatory

The Supreme Court said that states are obliged to collect quantifiable data on inadequacy of representation for SCs and STs employees in government jobs before implementing reservation for them in promotion.

New Delhi: The Supreme Court has refused to dilute conditions for reservations in the promotion of Scheduled Castes (SCs) and Scheduled Tribes (STs) in government jobs. The apex court said that the state governments is ought to collect quantifiable data before granting reservation in promotion to SC/ST employees and added that it cannot lay down any new yardstick after the decision of the Constitution Bench.

“We have held we cannot lay down any yardstick to determine inadequacy of representation. State is obligated to collect quantifiable data regarding SC/ST representation. We have left it to state to assess yardstick to determine inadequacy of representation of SC/ST,” A Bench of Justices L Nageswara Rao, Sanjiv Khanna and BR Gavai observed.

The Court also clarified that ‘cadre’ should be considered as unit for collection for quantifiable data. Collection of quantifiable data is mandatory apart from assessment of inadequacy of representation after a periodic review is done, the Court added.

The bench made the following pronouncements:

1. Court cannot lay down any yardstick to determine inadequacy of representation.
2. State is obligated to collect quantifiable data regarding adequacy of representation.
3. Cadre should be unit for collection for quantifiable data for reservation. The collection cannot be with respect to the entire class/class/group, but it should be relatable to Grade/Category of post to which promotion is sought. Cadre should be the unit for collecting quantifiable data. it would be meaning less if collection of data is w.r.t the entire service.
4. Nagaraj judgment of 2006 would have a prospective effect.
5. The conclusion in BK Pavitra (II) approving the collection of data on the basis of groups and not cadres is contrary to the dictum in Jarnail Singh.

The Centre had earlier told the bench that it is a fact of life that even after around 75 years those belonging to SCs and STs have not been brought to the same level of merit as the forward classes.

Venugopal had submitted that it is more difficult for those belonging to the SCs and STs to get a higher post in group A category of jobs and time has come when the apex court should give some concrete basis for SCs, STs, and Other Backward Classes (OBCs) to fill up vacancies.

The bench had earlier said it would not reopen its decision on the issue of the grant of reservation in promotion to the Scheduled Castes (SCs) and Scheduled Tribes (STs) and said it was for the states to decide how they are going to implement the same.

The apex court had reserved its verdict on October 26, 2021.