States obliged to collect quantifiable data to assess reservation in promotion, rules SC

The Supreme Court on January 28 ruled that states are obliged to collect quantifiable data for assessing the adequacy of representation while providing reservations for promotion in government jobs.

A three-judge bench headed by Justice L Nageswara Rao delivered the judgment essentially on the question of whether reservation in promotions should be on the basis of the adequacy of representation.

The court said that it cannot lay down the yardstick for determining the adequacy of representation. States are obliged to collect quantifiable data for scheduled caste and scheduled tribe communities, the bench said.

The bench, also comprising Justices Sanjiv Khanna and BR Gavai, sought to know from the Union government the steps taken to determine the adequacy of representation of the SC/ST communities which was mandated by the top court in its Constitution bench ruling laid down in the 2006 judgment in Nagraj case.

While the Attorney General for India, KK Venugopal, had argued that reserved posts in various cadres ought to be proportional to the population demographic, he also rued that it was unfortunate that even after more than seven decades, the SC and ST communities were still not at par with the general category candidates and employees.

The counsel representing various other parties had told the court that the state governments, on their part, have still not indulged in exercises to collect quantifiable data to determine the adequacy of representation and impact on administration.