Union Of India & Others vs Vinod Sharma on 26 July, 2011
29. Having regard to the clear, consistent and
explicit view held by the Apex Court with regard
to the question of reservation in promotion, it is
apparent that unless the controlling factor of the
compelling reasons
stated in article 16(4) are met, no reservation in
promotion can be proceeded with by the State. In
case they take up such exercise then in each case
the State would have to require to place before
the court the quantifiable data and satisfy the
court that such reservation has become necessary
on account of inadequacy of representation of
SCs/STs without affecting general efficiency in
service. The concept of efficiency, backwardness
and inadequacy of representation have
to be identified and measured and that would be
20
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
M.P. No.1479/2017
(Union of India & Ors. v. Vinod Sharma & Ors.)
**
contingent upon the availability of relevant data.
This would depend on numerous factors.
Apparently, it is for this reason that the enabling
provisions are required to be made because each
competing claim seeks to achieve certain goals.
How best these claims can be optimized, can only
be done by the administration in the context of
prevailing local conditions in public employment.
If the State concerned fails to identify and
measure the backwardness, inadequacy and
affecting of efficiency then even in the face of
existing enabling provisions, reservation in
promotion cannot be under taken."