No quota for SC, STs during promotions without justifiable data: Supreme Court
Published: Friday, Dec 10, 2010, 22:51 IST
Place: New Delhi
Reservation to members of the scheduled castes (SC), scheduled tribes
(ST) and other backward classes (OBC) at the time of promotions cannot
be sought as a matter of right but is subject to the available
quantifiable data to justify it, the Supreme Court has ruled.
The apex court said no such benefit could be given without preparing
proper data justifying reservation for the community.
"Reservation of posts in promotion is dependent on the inadequacy of
representation of members of the scheduled castes and scheduled tribes
and backward classes and subject to the condition of ascertaining as
to whether such reservation was at all required.
"The view of the high court is based on the decision in M Nagaraj's
case (supra) as no exercise was undertaken in terms of Article 16(4-A)
to acquire quantifiable data regarding the inadequacy of
representation of the schedule castes and scheduled tribes communities
in public services," the apex court said.
A bench of Justice Altamas Kabir and Justice AK Patnaik passed the
judgment while dismissing a batch of appeals filed by certain SC, ST
employees of Rajasthan challenging a decision of the state high court.
The high court had quashed the reservation extended to the members of
the community in promotion on the ground that no such benefit could be
granted.
Aggrieved by the high court's order the employee Suraj Bhan Meena and
others had filed the SLP in the apex court.
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