 WHETHER INADEQUACY OF REPRESENTATION NEEDS TO BE

PROVED BY PROVIDING QUANTIFIABLE DATA BEFORE

GRANTING RESERVATION IN FAVOR OF SC AND ST?

The petitioner most humbly submits that quantifiable data showing

inadequacy of representation cannot be collected on the basis of sampling
methods. Any post falling vacant in a cadre, thereafter, is to be filled from the
category - reserved or general - due to retirement etc. of whose member the post
fell vacant. that Article 16(4) of the Constitution of India enables the State
Government to make provision for reservation in favour of any Backward Class
of citizens which, in the opinion of the State is not adequately represented in the
services. that the state should not, at any time, refuse to collect the required
data for the purpose of making the reservation in public services. Secondly, they
pointed out that there is an obligation on the part of the state to provide the
reservation in public services so as to enable the upliftment of society as
provided under Article 16(4) and 16(4A) of the Indian Constitution. Failure of
such would be a violation of article 14 and the right to equality.  M Nagaraj v.
Union of India1In this case, the above amendments i.e. 71st, 81st, 82nd, and
85th was challenged by the petitioner, and the Supreme Court upheld them and
hence, declared them constitutional. But the Supreme Court introduced certain
conditions upon the matter of reservation i.e. of backwardness, inadequacy in
representation in public employment, and administrative .

The State cannot refuse to collect quantifiable data regarding the

adequacy or inadequacy of representation of the Scheduled Castes and
Scheduled Tribes in public services.  It is submitted that there is an obligation
on the State to provide reservations in promotions for upliftment of the
members of the Scheduled Castes and Scheduled Tribes as mandated by Article
1
(2006) 8 SCC 212
16 (4) and 16 (4-A) of the Constitution of India. The right to equality of persons
belonging to Scheduled Castes and Scheduled Tribes cannot be defeated by the
State Government by not discharging its constitutional obligation of
implementing Article 16 (4) and 16 (4-A) of the Constitution.

the State has a duty to decide not to provide reservations only after the State is
satisfied that the Scheduled Castes and Scheduled Tribes are adequately
represented in public posts on the basis of quantifiable data. According to them,
Suresh Chand Gautam (supra) was not correctly decided and needs
reconsideration.

It was also submitted on behalf of the reserved category candidates that a

Committee was constituted by the Government of Uttarakhand to collect
quantifiable data regarding the adequacy of representation of persons belonging
to Scheduled Castes and Schedules Tribes in public posts in accordance with the
judgment of this Court in M. Nagaraj (supra). According to the report submitted
by the Committee, there is inadequate representation of the Scheduled Castes
and Scheduled Tribes in government services in the State of Uttarakhand. The
said report was approved by the State Cabinet. It was contended by the learned
counsel that the State Government was duty bound to provide reservations on
the basis of the data that was collected by the Committee.
Constitution.