State Govt is not bound to make reservation for SC and ST in Promotions

State Govt is not bound to make reservation for SC and ST in Promotions

The Supreme Court on Friday refused a plea to order States to mandatorily collect data on Scheduled Castes and Scheduled Tribes (SC/ST) for fixing reservation in matters of promotions in government jobs, saying such a step would be equivalent to the Judiciary entering the domain of the Legislature.

In a 49-page judgment, a Bench led by Justice Dipak Misra held that State governments were not bound to make reservation for SCs/STs in matters of promotion, and thus, the Supreme Court could not compel them to undertake the exercise of collecting the qualitative data of SC/STs. The collection of qualitative data of the SC/STs was a necessary pre-condition to setting aside a quota for the SC/ST category as held in the M. Nagaraj judgment in 2006 by a Constitution Bench.

The judgment is based on a petition filed by one Suresh Chand Gautam, who sought the apex court to issue a direction in the nature of a mandamus to all States to either constitute a two-member panel or a commission headed by a retired judge of a High Court or the Supreme Court to enforce the collection of data on SC/STs by the States in compliance with the 2006 judgment. The petition said this was necessary to State-wise implementation of SC/ST reservation in promotions as a policy.

“The State is not bound to make reservation for Scheduled Castes and Scheduled Tribes in matter of promotions. Therefore, there is no duty. In such a situation, to issue a mandamus to collect the data would tantamount to asking the authorities whether there is ample data to frame a rule or regulation. This will be in a way, entering into the domain of legislation for, it is a step towards commanding to frame legislation or a delegated legislation for reservation,” the judgment held.

Source: The Hindu

READ: Verification of claims of candidates belonging to SC, ST and OBC for purpose of appointment

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