Monday, March 21, 2016

No SC/ST quotas for govt job promotions: Supreme Court

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.


Anonymous said...

biased decision.

Vijay Kumar said...

SC/SC need separate quota for getting jobs, for promotion and may even claim a separate retirement policy or even pay scale in future.Lazy lots who do not want to compete with the mainstream. Very apt and timely decision by the apex court.Hats off. Vijay

sagar singh said...

Very good decision, I recommend that stop reservation on the basis of caste but give free education to needed personnel for their education up to Master Degree.

sagar singh said...

Very good decision. I recommend that stop reservation and give free education to needed personnel upto Master Degree.

Jayabratha Saha said...

It is time now, we must think reservation on the basis of economic condition not on caste, creed, religion.

Chanchal Basu said...

Historical judgement. I am in DPD, mospi where situation is so bad so that 100% promotional post in EDP cadre in grade pay of 4800 is occupied by reserved category and the most eligible candidates in general category are in deep depression.

rasad adde said...

To be a developed country we have to look towards hon'ble S.C only. Need superior quality persons to lead. Our political parties will do nothing, rather this time they will sit together to form a new law to over rule this verdict of hon'ble S.C. Reserved categories should not be turned into a vote bank, they should also feel ashamed to be reserved. Compete with all and achieve the target. Provide reservation basis on economical status and that too for basic education and some other special cases only. Throughout India ye verdict ko lagu kornekeliye awas uthana bahut jarurihay. After all We love India.

philospher said...

This is really shameful being born as SC or ST in India. In this country whether politician, administrator or judiciary everybody always speak against reservation in all forums but nobody speak against casteism. In present blog also nobody is really concerned about development for 40% of population. Still today no person from SC or ST is representing any Secretary post nor
Supreme Court judge. It means only two reason are apparent; one either institution like judiciary or Bureaucracy is biased or casteist in nature. Secondly the education system itself so mentally corrupted that mostly famous institution are engaged in just exploiting the students from reserved community. The ld members here also doing the same thing as done by society. The judiciary did all efforts to prevent the reservation in promotion in the name of justice or merit whereas they themselves know that no justice they are doing.

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