Supreme Court: Promotion Remains Valid Even if an Employee's Grade Pay Stays Unchanged  ||  SC Orders Bihar Government to Remove Ganga Riverbank Encroachments in Patna Within Six Weeks  ||  Bombay HC: Child of Single Mother Can’t be Denied RTE Quota over Deceased Father's Caste Certificate  ||  J&K&L HC: Complaint Dismissed Before Cognisance is Not an Acquittal & is Challengeable U/S 528 BNSS  ||  Delhi HC Acquits Man in 2006 Rape Case, Says Names Like Ram or Mohammad do Not Define Virtue  ||  Gujarat HC: Whatsapp Forward of Fake Newspaper Clipping Not Forgery Absent Proof of Fabrication  ||  Supreme Court tells Parsvnath Developers to Comply with Haryana RERA Orders or Face Jail  ||  Supreme Court: Article 142 Cannot Override a Concluded and Acted-Upon Settlement Between Parties  ||  SC Grants One-Time Relief, Allows Law Students to Take Exams Despite Attendance Shortage  ||  SC Grants One-Time Relief, Allows Law Students to Take Exams Despite Attendance Shortage    

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