The State is not bound to make reservation for SC/ST in matter of
promotions. However if they wish to exercise their discretion and make such provision,
they don’t need to collect quantifiable data showing
backwardness of the SCs and the STs, since their inclusion in presidential list
itself is such indication. The state, however, has to collect quantifiable data
showing inadequacy of representation of that class in
public employment in addition to compliance of Article 335. Quantifiable
data shall be collected by the State, on the parameters as stipulated in Nagaraj on the inadequacy of
representation, which can be tested by the Courts. This data would be relatable
to the concerned cadre. The test for determining adequacy of representation in
promotional posts at all stages of promotion will not be the proportion of
Scheduled Castes and Scheduled Tribes to the population in India since as the
post gets higher, it may be necessary to reduce the number of Scheduled Castes
and Scheduled Tribes in promotional posts keeping in view the efficiency of
administration. The state will also have to see that
its reservation provision does not lead to excessiveness so as to breach the
ceiling-limit of 50% or obliterate the creamy layer or extend the reservation
indefinitely. Creamy layer among SC/STs will be excluded from availing the
benefit of reservation.
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