LLM student at Himachal Pradesh National Law University, Shimla, India
With the advent of the M. Nagraj Case (2006) supreme court specifically held that in order to reservation in promotion with consequential seniority for the Schedule Castes (SCs) and Schedule Tribes (STs) under Article 16(4A) and Article 16 (4B) of the Indian Constitution must be relied upon the collection of the quantifiable data clearly reflecting the backwardness and inadequacy of representation for the same in public employment and also obliterate the creamy layer of SCs and STs from reservation became a norm for the selection or appointment of any public employment. This only meant to provide an equality amongst the candidate actually backward to be benefitted so that their representation in public service should be ensured. Though this case widely left open as to what test be followed for determining adequacy of representation in promotional posts for e.g., if it proportionality test taken into account thus it will reduce number of SCs and STs in promotional posts will affect the efficiency of administration. The aim of this research paper is give an overview on the right to equality and equality in public service and with the help of judicial decision tried to establish the so far development in the field of socially educationally backward class and the constitutionality would be checked with the help of judicial precedents.
International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 2104 - 2126DOI: https://doij.org/10.10000/IJLMH.112144
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