State govt not bound to provide reservations in jobs and promotions: SC


PTI, Feb 9, 2020, 5:02 PM IST

New Delhi: The Supreme Court has held that states are not bound to provide reservation in appointments and there is no fundamental right to claim quota in promotions.

“In view of the law laid down by this court, there is no doubt that the state government is not bound to make reservations. There is no fundamental right which inheres in an individual to claim reservation in promotions,” a bench of justices L Nageswara Rao and Hemant Gupta said.

“No mandamus can be issued by the court directing the state government to provide reservations,” the bench said in its verdict.

The apex court said this while dealing with pleas regarding Uttarakhand government’s September 5, 2012 decision to fill up all posts in public services in the state without providing reservations to Scheduled Castes and Scheduled Tribes.

The government’s decision was challenged in the Uttarakhand High Court, which struck it down.

Dealing with the appeals against the high court verdict, the top court noted, “It is settled law that the state government cannot be directed to provide reservations for appointment in public posts. Similarly, the state is not bound to make reservation for Scheduled Castes and Scheduled Tribes in matters of promotions.”

“However, if they (state) wish to exercise their discretion and make such provision, the state has to collect quantifiable data showing inadequacy of representation of that class in public services,” the bench said.

While upholding the Uttarakhand government’s September 2012 notification, the apex court said that as the government is not bound to provide reservation in promotions, the high court should not have declared the state’s decision as illegal.

Referring to constitutional provision about reservation, the bench said, “It is for the state government to decide whether reservations are required in the matter of appointment and promotions to public posts.”

It noted that Article 16 (4) and 16 (4-A) of the Constitution empowers the state to make reservation in matters of appointment and promotion in favour of the Scheduled Castes and Scheduled Tribes “if in the opinion of state they are not adequately represented in the services of the state”.

“The language in clauses (4) and (4-A) of Article 16 is clear, according to which, the inadequacy of representation is a matter within the subjective satisfaction of the state,” the bench said, adding, “All that is required is that there must be some material on the basis of which the opinion is formed.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

Japan retracts new flight bookings ban after criticisms

K’taka winter session going to be tough challenge for BJP

Jammu: 4 arrested from stealing SAIL iron bars

Man held for firing at woman her son during wedding procession in Delhi

Bengaluru: Two killed, five injured as car runs over them on pavement

Karnataka: Video on alleged plot to kill BJP MLA S R Vishwanath surfaces, probe on

UP Congress president reviews preparedness for Priyanka Gandhi’s ‘Pratigya Rally’


Related Articles More

Jammu: 4 arrested from stealing SAIL iron bars

Man held for firing at woman her son during wedding procession in Delhi

UP Congress president reviews preparedness for Priyanka Gandhi’s ‘Pratigya Rally’

Maha: Man loses Rs 89,000 while ordering food online

Don’t leave high courts at state govts’ mercy for infrastructure funds, SC tells Centre

MUST WATCH

Barbados Becomes A Republic

NEWS BULLETIN 01-12-2021

Deadbody found at Bidirutala Forest Moodigere

Crocodile found at manvi river

Dandeli Clash between two groups


Latest Additions

Not again…how to protect your mental health in the face of uncertainty and another COVID variant

Japan retracts new flight bookings ban after criticisms

Bengaluru: 7 held for looting businessman; gold valued at Rs 2.25cr seized

K’taka winter session going to be tough challenge for BJP

Jammu: 4 arrested from stealing SAIL iron bars

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.