Reservation for jobs, promotion not a fundamental right: SC
On Friday, the SC gave a potential key judgment “no fundamental right which inverse in an individual to claim reservation in jobs and promotion,” and also no court can order a state government to provide for reservation to SC/STs.
A bench comprises Justices L.Nageswara Rao and Hemant Gupta said No mandamus can be issued by the court directing the state government to provide reservations.
Citing its judgment, the bench said that Article 16(4) and Article 16(4-A) are enabling provisions and collection of quantifiable data showing the inadequacy of Schedule castes and Schedule tribes in public services is a sine qua none for providing reservations in promotions.
In this case, the Uttarakhand High Court had issued a direction to the State Government should first collect data regarding the adequacy or inadequacy of representation of Scheduled Castes and Scheduled Tribes in government services on the basis of which the State Government should take a decision whether or not to provide reservation in promotion.
In appeal before the Apex Court, the main contention raised by the reserved category employees was that the State cannot refuse to collect quantifiable data regarding the adequacy or inadequacy of representation of the Scheduled Castes and Scheduled Tribes in public services. According to them, the State has a duty to decide not to provide reservations only after the State is satisfied that the Scheduled Castes and Scheduled Tribes are adequately represented in public posts on the basis of quantifiable data.
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Another direction was issued by HC that all future vacancies that are to be filled up by promotion in the posts of assistant manager, should only be from the members of SC/STs.
The SC bench held both the directions to be unjustifiable in light of the law and said them aside. While setting aside this direction issued the High Court, the bench observed that the State Government is not bound to make reservations and there is no fundamental right which inheres in an individual to claim reservation in promotions.