Utt. HC: Conditional Liberty Must Override Statutory Embargo Under NDPS Act  ||  Utt. HC: While Exercising Inherent Jurisdiction, HC Does Not Function As Court of Appeal or Revision  ||  Pat. HC: Alcohol Consumption Cannot be Conclusively Proved Through Breath Analyzer Report  ||  Ker. HC: Emp. Messaging in Pvt. Whatsapp Group About Safety of Company Doesn’t Attract Disc. Proc.  ||  Ker. HC: Circular Issued to Enable Service of Notice, Summons Through E-Post in Trivandrum  ||  Gau. HC: Compensation Denied Over Death of Man Not Proved to be Bonafide Passenger  ||  Madras HC: Public Service is Being Performed by Lawyers, They Cannot be Denied Funds  ||  Gau. HC: Compensation Awarded to Wife of Deceased Driver Enhanced  ||  Bom. HC: Bar Council of Mah. & Goa Directed to Take Action Against Lawyer Who Appeared Without Band  ||  Delhi High Court: Bail Granted to Chief Minister Arvind Kejriwal in Liquor Policy Scam Case    

Suresh Chand Gautam v. State of Uttar Pradesh & Ors. - (Supreme Court) (11 Mar 2016)

SC declines rule reserving promotions for SC/ST beneficiaries

Constitution

The Supreme Court dismissed a petition seeking directions to constitute a Committee or appoint a Commission to survey Scheduled Castes and Tribes in service with the government and grant reservation under the principles expounded by the court. It reiterated that legal precedent on reservation in promotion or fixation of seniority of SC/STs was not meant to apply prospectively. Articles 16(4-A) and (4-B) of the Constitution though guided policy, “a provision for reservation in the matter of selection or promotion is the sine qua non for seeking mandamus”. Relief, as the one sought, could not be based in an absence of provision granting the same. Moreover, the State was not bound to make reservation for SC/STs in promotion, rather it could choose to do so after collecting quantifiable data showing backwardness of the class and its inadequate representation.

Relevant : M. Nagaraj and Ors. v. Union of India (UOI) and Ors. MANU/SC/4560/2006 Indra Sawhney etc. etc v. Union of India and others, etc. etc MANU/SC/0104/1993 Article 16 Constitution of India Act

Tags : RESERVATIONS   SC/ST   PROMOTION   SURVEY  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved