Calcutta HC: Award May Be Set Aside if Tribunal Rewrites Contract or Ignores Key Clauses  ||  Delhi HC Suspends Kuldeep Singh Sengar’s Life Term, Holding Section 5(C) of POCSO Not Made Out  ||  Calcutta High Court: Arbitration Clause in an Expired Lease Cannot be Invoked For a Fresh Lease  ||  Delhi High Court: 120-Day Timeline under Section 132B Of Income Tax Act is Not Mandatory  ||  NCLAT Reaffirms That Borrower's Debt Acknowledgment Also Extends Limitation Period for Guarantors  ||  NCLAT: Oppression & Mismanagement Petition Cannot Be Filed Without Company Membership on Filing Date  ||  Supreme Court Quashes Rajasthan Village Renaming, Says Government Must Follow its Own Policy  ||  NCLAT: NCLT Can Order Forensic Audit on its Own, No Separate Application Required  ||  NCLAT Reiterates That IBC Cannot be Invoked as a Recovery Tool for Contractual Disputes  ||  Delhi HC: DRI or Central Revenues Control Lab Presence in Delhi Alone Does Not Confer Jurisdiction    

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 2025 - All Rights Reserved