Mar 12 2016 : The Times of India (Chennai)
`SC|STs can't claim quotas for promotions'
New Delhi
TIMES NEWS NETWORK
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In a landmark verdict, the Supreme Court on Friday ruled that scheduled caste and scheduled tribe members cannot claim quota as a right in government job promotions, saying states were not constitutionally obliged o give preferential treatment o any community in promo ion.A bench of Justice Dipak Misra and Justice Prafulla C Pant said the government was not bound by any constitutional provision to frame a policy or reservation in promotion and the court could not order making reservation in promo ion 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 states were not bound to make reservation for SCsSTs in promotion.
It said 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.
Article 16(4-A) provides that 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, in the opinion of the state, were not adequately re presented. The bench refused o direct Uttar Pradesh government to carry out an exercise to find the representation of SCsSTs in government obs to frame a policy for reservation in promotion. “The sta e is not bound to make reservation for SCs and STs in mat er of promotions. Therefore, here is no duty. In such a situa ion, to issue a mandamus to collect data would tantamount o asking the authorities whether there is ample data to rame a rule or regulation.This will be in a way , entering nto the domain of legislation, or it is a step towards commanding to frame a legislation or a delegated legislation for reservation,“ the bench said.
It said 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.
Article 16(4-A) provides that 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, in the opinion of the state, were not adequately re presented. The bench refused o direct Uttar Pradesh government to carry out an exercise to find the representation of SCsSTs in government obs to frame a policy for reservation in promotion. “The sta e is not bound to make reservation for SCs and STs in mat er of promotions. Therefore, here is no duty. In such a situa ion, to issue a mandamus to collect data would tantamount o asking the authorities whether there is ample data to rame a rule or regulation.This will be in a way , entering nto the domain of legislation, or it is a step towards commanding to frame a legislation or a delegated legislation for reservation,“ the bench said.
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