Case comment Mukesh Kumar Versus State of Uttarakhand
Abstract
The main question arose for determination before the S.C in these appeals pertains to the reservation to schedule caste and scheduled Tribes in promotion.
The central point that arose for consolidation of these appeals is that whether the state government is bound to make reservation in public post and whether the decision by the state government not to provide reservation can be only on the basis of quantifiable Data relating to adequacy of representation of persons belonging to scheduled caste and scheduled Tribes?
These important questions were examined by a Division Bench2. Before discussing the conclusion of these appeals it is necessary to mention the provision of reservation in promotion and discuss the ratio of Indira Sahani case3 to Jarnail Singh case.