New Delhi: Reservation to members of SC,
ST and OBC at the time of promotions cannot be sought as a
matter of right but is subject to the available quantifiable
data to justify it, the Supreme Court has ruled.
The apex court said no such benefit could be given
without preparing a proper data justifying reservation for the
"Reservation of posts in promotion is dependent on the
inadequacy of representation of members of the Scheduled
Castes and Scheduled Tribes and Backward Classes and subject
to the condition of ascertaining as to whether such
reservation was at all required.
"The view of the High Court is based on the decision
in M. Nagaraj?s case (supra) as no exercise was undertaken in
terms of Article 16(4-A) to acquire quantifiable data
regarding the inadequacy of representation of the Schedule
Castes and Scheduled Tribes communities in public services,"
the apex court said.
A bench of justices Altamas Kabir and A K Patnaik
passed the judgement while dismissing a batch of appeals filed
by certain SC, ST employees of Rajasthan challenging a
decision of the State High Court.
The High Court had quashed the reservation extended to
the members of the community in promotion on the ground that
no such benefit could be granted.
Aggrieved by the high court`s order the employee Suraj
Bhan Meena and others had filed the SLP in the apex court.