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.
Source : http://indiatoday.intoday.in/
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