No SC/ST quotas for govt job promotions: Supreme Court
The Supreme Court has ruled that scheduled caste (SC) and scheduled
tribe (ST) members can not claim quota as a right in government job
promotions. This move was taken while rejecting a PIL seeking direction
to the Uttar Pradesh (UP) government to grant reservation in promotion.
In the landmark verdict, the apex court on March 11 said that the
states were not constitutionally obliged to give preferential treatment
to any community in promotion.
A bench comprising Justice Dipak Misra and Justice Prafulla C Pant
said that the government was not bound by any constitutional provision
to frame a policy for reservation in promotion and the court could not
order making reservation in promotion mandatory.
Referring to Articles 16(4), 16(4-A) and 16(4-B) of the Constitution
mandating socially affirmative action to help disadvantaged groups, the
court said that the states were not compelled to make reservation for
SCs/STs in promotion.
It further said that the provisions allowed the government to
exercise discretion and provide for reservation only after collecting
quantifiable data showing backwardness of a class and inadequacy of
their representation in public employment.
According to Article 16(4-A), nothing shall prevent the state from
making any provision for reservation in matters of promotion, with
consequential seniority, to any class or classes of posts in the
services in favour of SCs and STs which, according to the state, were
not adequately represented.
The bench refused to direct the UP government to carry out an
exercise to find the representation of SCs/STs in government jobs in
order to frame a policy for reservation in promotion.
"The state is not bound to make reservation for SCs and STs in matter
of promotions. Therefore, there is no duty. In such a situation, to
issue a mandamus to collect data would tantamount to asking the
authorities whether there is ample data to frame a rule or regulation.
This will be in a way, entering into the domain of legislation," the
bench said, according to TOI.
The bench further said that the Constitution granted discretionary
power to the government to frame law for reservation in promotion and
they could not be forced to bring regulation on the issue.
"The courts do not formulate any policy, remains away from making
anything that would amount to legislation, rules and regulation or
policy relating to reservation. The courts can test the validity of the
same when they are challenged. The court cannot direct for making
legislation or for that matter any kind of subordinate legislation," the
bench said, while rejecting the PIL.
this judgement will be the first stop in the direction of abolition of reservation in government jobs
ReplyDeleteYes. Very nice judgement by intellectuals. Do not misinterpretate the orders of the Court. They pointed out that reservations cannot be ordered in the case of promotions ONLY not in initial employment. When a person has been provided with food, shelter and clothing by way of initial employment, what is wrong with him to compete with other class of people?
ReplyDeleteHope it vl affected without fail..... till end.... ruled over all and obey to order to all Departments
ReplyDeleteIF IT WAS ACCEPTED THAT WOULD HAVE BEEN THE HARASSMENT FOR THE OTHER CATEGORY.
ReplyDeleteIt may not affect SC/STs as they have already entered into s job. But, It must not be considered as an initiative to abolish reservations in Govt.Jobs. Castism & inequality is very old one..which paved the way to stick with quota system. If anybody wants to abolish it..first let them abolish the caste system & treat all human beings equally..then the rest gets abolished itself.
ReplyDeleteSuper land mark judgement. It is lesson for those fighting under reservation not their capacity
ReplyDeleteSuper land mark judgement. It is lesson for those fighting under reservation not their capacity
ReplyDelete