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[Reservation in promotion for SC/STs] Court cannot lay down yardstick for determining adequacy of representation: Supreme Court

The judgment came on a batch of petitions filed by different States which had moved the top court seeking clarifications on Nagaraj judgment.

In Nagaraj judgment, which was rendered by a 5-judge Constitution Bench, the Supreme Court had upheld grant of reservation in promotions for SC/ST communities.

However, it had laid down the following three conditions to be satisfied for States to extend such reservations:

– State should show backwardness of the class which is being granted reservation;

– The Inadequacy of representation of such class in the service; and

– Compliance with Article 335 of the Constitution of India which provides that reservation should be taken into consideration, consistently with the maintenance of efficiency of administration.

In 2018, there was an attempt to make the Court re-examine the Nagaraj judgment but the Court upheld the same and held that the judgment need not be reconsidered by a seven-judge Bench.

Source: Barandbench

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