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/education/story/no-quota-job-promotions/1/623492.html
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