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SC: States not obliged to give quotas on jobs, promotions | India News

NEW DELHI: Breaking a constitutional myth that reservations are intrinsic to public employment, the Supreme Court has ruled that states are not required to provide quotas for SC, ST or OBC in government jobs and that there is no fundamental right to claim reservations in the promotion.

“There is no doubt that the state government is not required to make reservations. There is no fundamental right that is inherent to an individual to claim reservations on promotions. The court cannot issue any mandate ordering the state government to provide reservations, ”a bank of judges L Nageswara Rao and Hemant Gupta said on Friday.

The ruling came in a case related to the validity of the Uttarakhand government’s decision of September 5, 2012 to fill all posts in government services in the state without providing reservations to scheduled castes and tribes. The Uttarakhand HC had canceled the notification and ordered the government to provide a quota to the specified categories.

The Uttarakhand legal team argued that Article 16 (4) and 16 (4-A) of the Constitution are simply enabling provisions and there is no fundamental right to claim reservations. The SC agreed that the articles empower the state to make reservations in jobs and promotion in favor of the SC and ST “if, in the opinion of the state, they are not adequately represented.”

The bank confirmed the September 5 notification and revoked the HC ruling. In writing the ruling for the bench, Judge Rao said: “It is an established law that the state government cannot be directed to provide reservations for appointments in public positions. Similarly, the state is not required to make reservations for SC and ST in terms of promotions. However, if they (the states) wish to exercise their discretion and make such a provision, the state has to collect quantifiable data that shows the inadequacy of representation of that class in public services. ”

He also instilled the HC address to the state to collect quantifiable data to provide reservations on the promotion.

The SC said: “Not being obliged to make reservations, the state is not obliged to justify its decision … Even if the under-representation of the SC and ST is brought to the attention of the Supreme Court, no mandate can be issued” . cut to the state government to provide reserves. ”

The main defenders Ranjit Kumar, Mukul Rohatgi and P S Narasimha, who appeared for Uttarakhand, argued that there is no fundamental right to claim reservations on appointments or promotions to public positions and that the states had no constitutional duty to provide reservations.

When presenting for people seeking a quota in the promotion, the main defenders Kapil Sibal, Dushyant Dave and Colin Gonsalves argued that the states had a constitutional obligation to provide reserves for the elevation of the members of the SC and ST communities as provided in Articles 16 (4) and 16 (4- UN). Judges Rao and Gupta said: “It is up to the state government to decide if reservations are required in terms of appointment and promotion to public positions.”

The bank said that when a state forms an opinion that a reservation is not required, all that is needed is that there must be some material to support its decision.

“The court must show due deference to the state’s opinion which, however, does not mean that the opinion thus formed is beyond full judicial scrutiny,” he said.

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