End of Reservation ? ‘State is not bound to make reservations’ says Supreme Court

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Supreme Court, Mohan Bhagwat

By Muslim Mirror Special Correspondent

New Delhi : In a shocking development which could end representation of Scheduled Castes and Scheduled Tribes in government jobs a bench of Supreme Court  comprising Justices L Nageswara Rao and Hemant Gupta on Friday said that “The State Government is not bound to make reservations. There is no fundamental right which inheres in an individual to claim reservation in promotions. No mandamus can be issued by the Court directing the State Government to provide reservations,”

The top court also said that an individual does not have a fundamental right to claim reservation, and it is for the government to decide whether reservations are required in appointments and promotions.

The court, therefore, set aside an Uttarakhand high court ruling quashing a 2012 state government decision to fill up all posts in public services in the state without providing any reservations to SC/STs.

The court reaffirmed the law in this regard, holding that constitutional provisions contained in Article 16 regarding reservation are only enabling provisions, and it is up to the government to decide whether it should provide reservations in exercise of those powers under the Constitution.

“Article 16 (4) and 16 (4-A) empower the State to make reservation in matters of appointment and promotion in favour of the Scheduled Castes and Scheduled Tribes if in the opinion of the State they are not adequately represented in the services of the State. It is for the state government to decide whether reservations are required in the matter of appointment and promotions to public posts of the State”, the judgment said.

The court also held that the state, while deciding whether to provide reservation or not, can form its own opinion on the basis of the material it has in its possession already or it may gather such material through a commission, committee, person or authority.

It should be noted that Rashtriya Swayamsevak Sangh (RSS) chief Mohan Bhagwat’s has repeatedly called  for debate on reservation and castigated V.P Singh government’s decision to implement OBC reservation.

 

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