Supreme Court: Non-Signatory Can Be Bound By an Agreement if Involved in Performing the Contract  ||  Supreme Court: 'Washed-Off Theory' Inapplicable in Assessing Employee Retention Suitability  ||  SC Directs States/UTs to Grant Ex-Servicemen Quota to Cadets Disabled 40% or More in Training  ||  Delhi High Court Quashed Cases over Allegations of Excess Lead Content in Maggi Noodles  ||  Madras High Court: Advocates Cannot Hinder Police From Producing Arrested Lawyers Before a Court  ||  Allahabad HC Awarded Rs. 4.75 Lakh Compensation Over Illegal Vehicle Confiscation in a Beef Case  ||  Allahabad High Court: Strong Suspicion, Not Proof of Guilt, is Sufficient to Frame Charges  ||  Delhi HC: Prior Sanction Not Required Where Cognizance Preceded 2018 PC Act Amendment  ||  Bombay High Court: The Notion of a "Perfect Victim" in Rape Cases is a Myth  ||  Allahabad High Court: Prior Agreement With Inquiry Report Doesn't Vitiate Disciplinary Proceedings    

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 2026 - All Rights Reserved