Reservation in Promotions: Supreme Court Holds Cadre As Unit For Collecting Quantifiable Data On Adequacy Of Representation; Collection Of Data On Entire Services meaningless.<\/p>\n
The bench made the following pronouncements today:<\/p>\n
1. Court cannot lay down any yardstick to determine inadequacy of representation.<\/p>\n
2. State is obligated to collect quantifiable data regarding adequacy of representation.<\/p>\n
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.<\/p>\n
4. Nagaraj judgment of 2006 would have a prospective effect.<\/p>\n
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.<\/p>\n