Karnataka Determination of Seniority of the Government Servants Promoted on the Basis of Reservation (To the Posts in the Civil Services of the State) Act, 2002 - Providing for grant of consequential seniority to the Government servants belonging to SC and ST promoted under reservation policy as also protecting consequential seniority already accorded from 27. 04.1978 onwards - Validity of - Held: Exercise for determining 'inadequacy of representation', 'backwardness' and 'overall efficiency', is a must for exercise of power u/Art.16(4A) - Mere fact that there is no proportionate representation in promotional posts for the population of SCs and STs is not by itself enough to grant consequential seniority to promotees who are otherwise junior and thereby denying seniority to those who are given promotion later on account of reservation policy - State has to place material on record that there was compelling necessity for exercise of such power and decision of the State was based on material including the study that overall efficiency is not compromised - In the instant case, no such exercise was undertaken - High Court erroneously observed that it was for the petitioners to plead and prove that the overall efficiency was adversely affected by giving consequential seniority to junior persons who got promotion on account of reservation - Also High Court erred in brushing aside the mandatory requirement of determining 'inadequacy of representation', 'backwardness' and 'overall efficiency' in view of the inbuilt mechanism in s. 3 limiting the representation to 15% and 3% fur SC and ST respectively - Thus, the order passed by the High Court is set aside - Provisions of 2002 Act declared to the extent cf doing away with the 'catch up' rule and providing for consequential seniority to persons belonging to SCs and STs on promotion against roster points, ultra vires Arts. 14 and.16 - Constitution of India - Arts. 14 and 16 - Constitution (Eighty-fifth Amendment) Act, 2001.