Jarnail Singh vs Lachhmi Narain Gupta . on 26 September, 2018
"The reqairement of collecting data as tn the backwardness of the
Scheduled Castes ari Scheduled Tribes has now been done away
with by the latest judgement in JARNATL SINGH and greater
emphasis bas been laki on excliding the creamy laver.
Reservation in pramotions arsd censequential seniority would
therefore have to be extended te these reservation categories only
after ecmpletion of the said exercise. Be i noted that in terms of
this exercise, the organization would have to quantify the data as
to the adequacy of representation of these reservation categorics
in the promotional pasts; assess the effect upon the efficiency of
administration if such reservation is provided: examine the issne
of creamy-layer as laid down in M. NAGARAS and JARNAIL
SINGH, apart from the other parameters which have heen {efi
antouched or M. NAGARAS, and thereafter confer the benefit of
reservation in promotions with or without consequential se niority,
as warranted. [tis only the qualification of data with regard fo
backwardness of the Scheduled Castes and the Scheduled Tribes
that is mow excluded in the light of the later judgement in
Ya
4
Cepia pt OPE"