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Quota in promotions
February 15 , 2022
1059 days
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- The Supreme Court has turned down the Union government’s plea to do away with the requirement of collecting quantifiable data by the Centre and states.
- That data is to determine the representation of people belonging to Scheduled Castes (SCs) and Scheduled Tribes (STs) while implementing reservation in promotion.
- State is obligated to collect quantifiable data as per the court’s judgment in M Nagaraj (2006) and Jarnail Singh (2018).
- Collection of data has to be for each category of posts for the entire service.
- The Central government must determine a time period to revisit the reservation policy after ascertaining the percentage of posts occupied by SCs/STs.
- Assessment on the inadequacy of representation of the reserved categories in promotional posts should be left to the states.
- With the recognition of ‘cadre’ as the unit for collection of quantifiable data, the court has also set aside its earlier judgment in the B.K. Pavithra case of 2019.
- The 2019 judgment by the Supreme Court in BK Pavitra case upheld the validity of the 2018 Reservation Act that introduced consequential seniority for SC/STs in Karnataka public employment.
Meaning of cadre
- The term ‘cadre’ means the strength of a service or part of a service sanctioned as a separate unit.
- It is the choice of a State to constitute cadres.
- The 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.
- The entire exercise of reservation in promotions would be rendered meaningless if data pertaining to the representation of SCs and STs is done with reference to the entire service.
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