Saturday, March 12, 2016

C/STs can't claim quotas for govt job promotions: SC

Amit Anand Choudhary | TNN

 NEW DELHI: In a landmark verdict, the Supreme Court on Friday ruled that scheduled caste and scheduled tribe members cannot claim quota as a right in government job promotions, saying states were not constitutionally obliged to give preferential treatment to any community in promotion. 

A bench of Justices Dipak Misra and Prafulla C Pant said the government was not bound by any constitutional provision to frame a policy for reservation in promotion and the court could not order making reservation in promotion mandatory. 

Referring to Articles 16(4), 16(4-A) and 16(4-B) of the Constitution mandating socially affirmative action to help dsadvantaged groups, the court said states were not bound to make reservation for SCs/STs in promotion.It said the provisions allowed the government to exercise discretion and provide for reservation only after collecting quantifiable data showing backwardness of a class and inadequacy of their representation in public employment.

Article 16(4-A) provides that nothing shall prevent the state from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services in favour of SCs and STs which, in the opinion of the state, were not adequately represented.

The bench refused to direct Uttar Pradesh government to carry out an exercise to find the representation of SCs/STs in government jobs to frame a policy for reservation in promotion. "The state is not bound to make reservation for SCs an

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