Bihar will collect data on staff in reserved categories, SC says
The Government of Bihar has requested the Supreme Court to dispose of its plea related to promotion booking for SC/ST employees, stating that it wishes to undertake an exercise of gathering quantifiable data for the purposes as mandated by the most high court in a judgment of 28 January. , This year.
The three-judge panel of the Supreme Court then ruled that the state was required to collect quantifiable data on underrepresentation before providing a promotion reserve for SC/ST employees. The court had refused to dilute the criteria set out in the Constitution Bench decision of M Nagaraj (2006) and Jarnail Singh (2018) for granting quota benefits in the promotion of Scheduled Caste and Scheduled Tribe employees.
The High Court then also clarified that the data collection unit was a “framework” and not groups as claimed in the BK Pavitra II judgment. He had also declared the method of collecting data on the basis of groups as adopted in Pavitra II contrary to the law established in the Nagaraj and Jarnail Singh judgments.
In its plea, the government of Nitish Kumar said that “the State of Bihar has started the process of undertaking a new exercise of collecting quantifiable data with the aim of providing promotion booking to the categories booked in accordance with the judgment of 28 january”.
Therefore, he does not wish to pursue the civil appeal at this stage arising from a judgment of the Patna High Court of July 30, 2015 which had set aside a resolution and consequent orders passed on August 21, 2012 relating to the case, he added. .
The state government has requested freedom to undertake the new quantifiable data collection exercise to provide promotion reservation to reserved categories and enable it to proceed with promotion in both reserved and non-reserved categories in accordance with the outcome of such an exercise by rescinding the standstill order of April 15, 2019.
After the Jan. 28 judgment, the highest court separately dealt with pleas filed by the Center and other state governments regarding the reservation in the promotion.
Watch the latest DH videos here: