Supreme Court said on jobs and promotions, state governments are not obliged to give reservation

Diler News, New Delhi: In an important decision given by the Supreme Court on Friday, it was mentioned that quota and reservation is not a fundamental right for promotion in government jobs.  The apex court said that states cannot be forced to provide quotas and states cannot be forced to make such provisions without showing imbalance in the representation of certain communities in public service.

 In a judgment on appeal on reservation for members of the Scheduled Caste / Scheduled Tribe community in promotion to the posts of Assistant Engineer (Civil) in the Public Works Department of the Government of Uttarakhand, the court said that there is no fundamental right, which makes such claims  Allows forA bench of Justices L Nageswara Rao and Justice Hemant Gupta, in its judgment pronounced on 7 February, said, "There is no doubt that the state government is not bound to give reservation."  There is no such fundamental right, which a person has inherited to claim reservation in promotion.  No instruction can be issued by the court to provide reservation to the state governments.

 This Supreme Court decision overturned a decision given by the Uttarakhand High Court in 2012, in which the state was directed to provide quotas to specified communities.  At that time senior lawyers Kapil Sibal, Colin Gonsalves and Dushyant Dave argued that the state had a duty to help the SC / ST under Articles 16 (4) and 16 (4-A) of the Constitution.

 On Friday, the Supreme Court ruled that when these articles give reservation power, they did so only in the opinion of the state on not adequately representing the services of the state.  The court said that it is certain that the state cannot be directed to give reservation for appointment to public posts.  Similarly, states are not obliged to give reservation for SC / ST in promotion cases.

 Let us tell that in the year 2018, a five-judge constitution bench had said that the 'creamy layer' cannot get the benefit of reservation in government jobs.  In December last year, the central government requested a bench of 7 judges to review it.

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