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The Supreme Court has asked the central government to place before the court the data and figures relating to inadequate representation in the matter of reservation in promotion. The hearing in the matter of reservation in promotion in the court was held on Tuesday. During this, the Attorney General presented the argument on behalf of the Central Government.
The Supreme Court has asked the Central Government to state what exercises it has done to provide reservation in promotion to SCs and STs and whether it has been found that they are inadequately represented in the job and giving reservation has any adverse effect on the whole. Will not done.
The court said that the government will have to give a justification that there is insufficient representation in a particular cadre and giving reservation will not adversely affect the efficiency of the administration. The Supreme Court said that there should not be an in-principle debate, but data should be presented and it should be justified that the decision taken to give reservation in promotion is justified.
Many applications have been filed in this matter in the Supreme Court on behalf of the Central Government and the states. It has been said in the petition that there is still ambiguity in the matter of reservation in promotion, due to which all the appointments have been stopped.
However, the Supreme Court had said that it will not reopen the decision which said that reservation in promotion will be given to SC and ST. It is for the state to decide how it will be implemented.
In front of a three-judge bench of the Supreme Court, it has been said by many states that there are some obstacles in giving reservation in promotion to SC and ST which need to be seen. The Supreme Court had made it clear during the last hearing that it is not going to reopen the said decisions of the Supreme Court in the case related to Jarnail Singh and Nagraj.
On Tuesday, a bench of Supreme Court Justice L Nageswara Rao asked the Attorney General to place before the court the data and figures on the grounds of inadequate representation to continue the decision of granting reservation in promotions. During the hearing, the Attorney General told the court in detail about the Indira Sawhney Judgment, Jarnail Singh and Nagraj Judgment.
Decision in the case related to Nagraj and Jarnail Singh
In the 2006 Nagaraj Judgment, the Supreme Court had said that the ceiling limit of 50 per cent in case of reservation in promotions, applying the principle of creamy layer, collecting data to detect backwardness and inadequate representation would have to be seen. A five-judge bench headed by the then Chief Justice of the Supreme Court, Dipak Misra, had on September 26, 2018 removed the condition of collecting backwardness data in the case relating to Jarnail Singh.
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