Ujjal Bhuyan, J.

Matter relates to acquiring of quantifiable data by the State in the context of reservation in promotion in the services of the State.

2. Since the subject matter of both the writ petitions, i.e. WP(C) Nos. 1560 and 2680 of 2015 are inter-related, those were heard together and are being disposed of by this common judgment and order.

3. However, for the sake of convenience, facts and pleadings of both the writ petitions are summarised separately.

WP(C) No.1560/2015

4. This petition has been filed by a society called Equality Forum, Assam which is registered under the Societies Registration Act, 1860. Registration certificate of the society along with memorandum of association and its constitution have been placed on record. The writ petition has been filed by the Secretary of the society on being so authorized.

5. Commissioner and Secretary to the Government of Assam, Welfare of Plains Tribes and Backward Classes Department (WPT & BC Department) issued notification dated 24-10-2013 appointing Shri Harish Sonowal, IAS (Rtd.) as the One-Man-Commission to study and acquire quantifiable data on the compelling conditions of backwardness of Scheduled Castes (SC) and Scheduled Tribes (ST), inadequacy of their representation in various Government services and posts and overall efficiency in public administration as laid down in Article 335 of the Constitution of India in the light of the decision of the Hon'ble Supreme Court in M. Nagaraj v. Union of India reported in (2006) 8 SCC 212 and U.P. Power Corporation Ltd. v. Rajesh Kumar, reported in (2012) 7 SCC 1 as per terms of reference. The One-Man-Commission was requested to submit report expeditiously for examination by the Government and for taking further course of action. In this connection reference was made to two pending cases i.e. WP(C) Nos. 4034 and 2752 of 2013. The following were the terms of reference of the One Man Commission:-

(1) Whether the social, economic and educational status of SC/ST communities in the State of Assam justifies reservation in promotion to various Government services and posts ?

(2) Whether SCs/STs are adequately represented in various Government services and posts as mandated under Article 16 (4-A) of the Indian Constitution?

(3) The manner in which overall efficiency in public administration is affected due to Government providing for reservation in promotion to SCs/STs as required under Article 335 of the Indian Constitution and whether there are any adverse effects thereof?

6. Thereafter, subsequent notifications were issued by the Government of Assam in the WPT & BC Department extending the time for submission of report by the One Man Commission.

7. Ultimately the One-Man-Commission submitted its report dated 10-03-2014 to the Government of Assam in the WPT and BC Department. The One-Man-Commission concluded that SC & ST communities in Assam are still backward. Their representation in public employment is not adequate and overall efficiency in public administration has not been affected by providing for reservation in promotion to such communities. Therefore, the Commission recommended that reservation in promotion in favour of members of SCs & STs should continue till such time the State Government is satisfied that such groups have advanced to such level at par with the more advanced groups.

8. It appears that the WPT & BC Department had prepared a cabinet memorandum to obtain approval of the Cabinet on the recommendation of the One-Man-Commission and sought the views of the Personnel Department on the report of the One-Man-Commission. It further appears that the Principal Secretary to the Government of Assam, Personnel Department submitted his comments on 22-10-2014. It was pointed out that the report of the One-Man-Commission was inadequate and required further elaboration having regard to the promotional cadres.

9. The report of the One-Man-Commission was thereafter placed before the Cabinet and its recommendations were accept