Reservation in Promotions: Supreme Court Holds Cadre As Unit For Collecting Quantifiable Data On Adequacy Of Representation; Collection Of Data On Entire Services meaningless.
The bench made the following pronouncements today:
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 would be relatable to Grade/Category of post to which promotion is sought. Cadre should be the unit for collecting quantifiable data. It would be meaningless 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.