Supreme Court Directs Preventive Detention to Curb Illegal Mining in Chambal Sanctuary  ||  SC: Courts Must Frame Points For Determination and Give Reasoned Judgments in Ex Parte Cases  ||  Supreme Court: Clause Saying ‘Can Be Settled By Arbitration’ Does Not Mandate Arbitration  ||  SC: Employees Appointed Without Advertisement or Interview Cannot be Regularised  ||  Delhi HC: Non-Disclosure of Conflict By Andre Yeap Vitiates Arbitral Award in MSA Global Dispute  ||  Punjab & Haryana High Court: Arrest Memo Alone Not Final Proof of Arrest Time  ||  Rajasthan HC: Govt Department Cannot Terminate Outsourced Employee, Only Recommend Action  ||  Raj HC: HRA and Allowances Part of Deceased's Income for Motor Accident Compensation Calculation  ||  J&K& Ladakh HC: Executing Court Cannot Issue Levy Warrants While S.47 CPC Challenge is Pending  ||  J&K &L HC: Husband’s Girlfriend Not ‘Relative’ Under Sec 498A IPC, Cannot Be Prosecuted for Cruelty    

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