P&H HC: Offence u/s 295A won’t be Attracted if Act done Without Malicious Intent  ||  Ker. HC: No Liability on RTO to Pay Compensation if Vehicle Owner Fails to get it Insured  ||  Guj. HC: Elected Members Must Not Disrepute the Institution to Which they are Elected  ||  All. HC: Scheme of A&C Act Put no Limitation for Application of Doctrine of Severability to an Award  ||  Kar. HC: Apprehension of Not Getting a Fair Trial is Required to Seek Transfer of Case  ||  Ker. HC: Not Granting Divorce Despite Mutual Consent Amounts to Cruelty  ||  Tel. HC: Elders in the House Can’t Decide Custody of Child  ||  All. HC: Gravity of Misconduct and Past Conduct Relevant to be Considered by Disciplinary Authority  ||  P&H HC Issues Guidelines on Proclamation u/s 82 CrPC  ||  SC: Can File Complaint Under Repealed FERA Provisions During Sunset Period After Enforcement of FEMA    

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

SC declines rule reserving promotions for SC/ST beneficiaries


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


Share :        

Disclaimer | Copyright 2023 - All Rights Reserved