Determination of inadequate representation of SCSTs in govt jobs discretion of State SC
New Delhi Jan 28 PTI The Supreme Court Friday refused to lay down any yardstick for granting reservation in promotion to Scheduled Castes and Scheduled Tribes in government jobs saying determination of their inadequate representation is the discretion of the StateThe top court said it is neither legal nor proper for the Courts to issue directions or advisory sermons to the executive in respect of the sphere which is exclusively within their domain under the ConstitutionDetermination of inadequate representation of SCs and STs in services under a State is left to the discretion of the State as the determination depends upon myriad factors which this Court cannot envisageLaying down of criteria for determining the inadequacy of representation would result in curtailing the discretion given to the State Governments In addition the prevailing local conditions which may require to be factored in might not be uniform a three-judge bench headed by Justice L Nageswara Rao saidThe apex court said it should leave the decision-making to other branches of government after directing their attention to the problems rather than itself entering into the remedial field Referring to its verdict in the M Nagaraj case the bench said that this Court made it clear that the validity of law made by the State Governments providing reservation in promotions shall be decided on a case-to-case basis to establish whether the inadequacy of representation is supported by quantifiable dataTherefore we are of the opinion that no yardstick can be laid down by this Court for determining the adequacy of representation of SCs and STs in promotional posts for the purpose of providing reservation said the bench also comprising Justices Sanjiv Khanna and B R GavaiThe top court said the percentage of posts reserved for Backward Classes as prescribed by the State has to be strictly followed and cannot be varied or changed simply because some members of the Backward Class have already been appointedpromoted against the general seatsThe vacancies arising in the cadre after the initial posts are filled will have to be filled from amongst the category to which the post belonged in the roster it saidThe bench said that it had observed in earlier judgements that the appropriate Government has to apply cadre strength as a unit in the operation of the roster to ascertain whether a given classgroup is adequately represented in the serviceThe entire service cannot be considered to be a cadre for the purpose of promotion from one post to a higher post in a different grade Promotion is made from one grade to the next higher grade in relation to which cadres are constituted the bench saidIt said before providing for reservation in promotions to cadre the State is obligated to collect quantifiable data regarding the inadequacy of representation of SCs and STsCollection of information regarding the inadequacy of representation of SCs and STs cannot be with reference to the entire service or classgroup but it should be relatable to the gradecategory of posts to which promotion is soughtCadre which should be the unit for the purpose of collection of quantifiable data in relation to the promotional posts would be meaningless if data pertaining to the representation of SCs and STs is with reference to the entire service the bench saidThe top court noted that there is near unanimity amongst the counsels that the data collected to establish the inadequacy of representation which forms the basis for providing reservation for promotions should be reviewed periodicallyWe are not inclined to express any view on discontinuation of reservations in totality which is completely within the domain of the legislature and the executive As regards review we are of the opinion that data collected to determine inadequacy of representation for the purpose of providing reservation in promotions need to be reviewed periodicallyThe period for review should be reasonable and is left to the Government to set out it said The bench said collection of quantifiable data for determining the inadequacy of representation of SCs and STs is a basic requirement for providing reservation in promotions and the State should justify reservation in promotions concerning the cadre to which promotion is made Taking into account the data pertaining to a group which would be an amalgamation of certain cadres in service would not give the correct picture of the inadequacy of representation of SCs and STs in the cadre in relation to which reservation in promotions is sought to be madeRosters are prepared cadre-wise and not group-wise the bench saidThe top court had earlier said that it would not reopen its decision on the issue of the grant of reservation in promotion to SCs and STs and said it was for the states to decide how they are going to implement the sameAttorney General K K Venugopal had referred to the apex court judgements right from the Indra Sawhney verdict of 1992 popularly known as the Mandal Commission case to the Jarnail Singh verdict of 2018The Mandal judgement had ruled out quota in promotionsVenugopal had said that till 1975 35 per cent SCs and 062 per cent of STs were in government employment and this is the average figureIn 2008 the figure of SCs and STs in government employment rose to 175 and 68 per cent respectively which are still low and justified such quota he had said PTI PKS RKS RKS
New Delhi Jan 28 PTI The Supreme Court Friday refused to lay down any yardstick for granting reservation in promotion to Scheduled Castes and Scheduled Tribes in government jobs saying determination of their inadequate representation is the discretion of the StateThe top court said it is neither legal nor proper for the Courts to issue directions or advisory sermons to the executive in respect of the sphere which is exclusively within their domain under the ConstitutionDetermination of inadequate representation of SCs and STs in services under a State is left to the discretion of the State as the determination depends upon myriad factors which this Court cannot envisageLaying down of criteria for determining the inadequacy of representation would result in curtailing the discretion given to the State Governments In addition the prevailing local conditions which may require to be factored in might not be uniform a three-judge bench headed by Justice L Nageswara Rao saidThe apex court said it should leave the decision-making to other branches of government after directing their attention to the problems rather than itself entering into the remedial field Referring to its verdict in the M Nagaraj case the bench said that this Court made it clear that the validity of law made by the State Governments providing reservation in promotions shall be decided on a case-to-case basis to establish whether the inadequacy of representation is supported by quantifiable dataTherefore we are of the opinion that no yardstick can be laid down by this Court for determining the adequacy of representation of SCs and STs in promotional posts for the purpose of providing reservation said the bench also comprising Justices Sanjiv Khanna and B R GavaiThe top court said the percentage of posts reserved for Backward Classes as prescribed by the State has to be strictly followed and cannot be varied or changed simply because some members of the Backward Class have already been appointedpromoted against the general seatsThe vacancies arising in the cadre after the initial posts are filled will have to be filled from amongst the category to which the post belonged in the roster it saidThe bench said that it had observed in earlier judgements that the appropriate Government has to apply cadre strength as a unit in the operation of the roster to ascertain whether a given classgroup is adequately represented in the serviceThe entire service cannot be considered to be a cadre for the purpose of promotion from one post to a higher post in a different grade Promotion is made from one grade to the next higher grade in relation to which cadres are constituted the bench saidIt said before providing for reservation in promotions to cadre the State is obligated to collect quantifiable data regarding the inadequacy of representation of SCs and STsCollection of information regarding the inadequacy of representation of SCs and STs cannot be with reference to the entire service or classgroup but it should be relatable to the gradecategory of posts to which promotion is soughtCadre which should be the unit for the purpose of collection of quantifiable data in relation to the promotional posts would be meaningless if data pertaining to the representation of SCs and STs is with reference to the entire service the bench saidThe top court noted that there is near unanimity amongst the counsels that the data collected to establish the inadequacy of representation which forms the basis for providing reservation for promotions should be reviewed periodicallyWe are not inclined to express any view on discontinuation of reservations in totality which is completely within the domain of the legislature and the executive As regards review we are of the opinion that data collected to determine inadequacy of representation for the purpose of providing reservation in promotions need to be reviewed periodicallyThe period for review should be reasonable and is left to the Government to set out it said The bench said collection of quantifiable data for determining the inadequacy of representation of SCs and STs is a basic requirement for providing reservation in promotions and the State should justify reservation in promotions concerning the cadre to which promotion is made Taking into account the data pertaining to a group which would be an amalgamation of certain cadres in service would not give the correct picture of the inadequacy of representation of SCs and STs in the cadre in relation to which reservation in promotions is sought to be madeRosters are prepared cadre-wise and not group-wise the bench saidThe top court had earlier said that it would not reopen its decision on the issue of the grant of reservation in promotion to SCs and STs and said it was for the states to decide how they are going to implement the sameAttorney General K K Venugopal had referred to the apex court judgements right from the Indra Sawhney verdict of 1992 popularly known as the Mandal Commission case to the Jarnail Singh verdict of 2018The Mandal judgement had ruled out quota in promotionsVenugopal had said that till 1975 35 per cent SCs and 062 per cent of STs were in government employment and this is the average figureIn 2008 the figure of SCs and STs in government employment rose to 175 and 68 per cent respectively which are still low and justified such quota he had said PTI PKS RKS RKS
