New Delhi : The Supreme Court on Friday pronounced verdict seeking to settle confusion among states on the topic of reservation norms relating to promotions. The Bench comprising Justices L Nageswara Rao, Sanjiv Khanna and B.R. Gavai delivered the following operatives in the regard :
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 should be relatable to Grade/Category of post to which the promotion is sought.
Cadre should be the unit for collecting quantifable 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 Jamail Sing.
