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
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