Reservation in promotions not fundamental a right: SC
The court also said that the state governments are not bound to make a reservation and thereby even the courts can't issue a mandamus directing states to provide reservations in promotions to SC/ST people in government jobs.
New Delhi: In a landmark judgment, the Supreme Court has said that reservation in promotions for government jobs is not a fundamental right. The top court also said the states cannot be directed to provide promotions to the members of the SC/ST community.
“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 apex court said in its verdict on Friday.
The apex court division bench headed by Justice L Nageshwar Rao and also comprising Hemant Gupta passed the judgment in a case with respect to the validity of the Uttarakhand government’s decision to fill up posts without providing reservation to SC/STs in government jobs.
Supreme Court to pronounce verdict tomorrow on pleas challenging the Scheduled Castes & Scheduled Tribes (SCs/ STs) (Prevention of Atrocities) Amendment Act, 2018 that rule out any provision for anticipatory bail for a person accused of atrocities against SC/STs. pic.twitter.com/1RNKOaJyYt
— ANI (@ANI) February 9, 2020
The court also said that the state governments are not bound to make a reservation and thereby even the courts can’t issue a mandamus directing states to provide reservations in promotions to SC/ST people in government jobs.
“In view of the law laid down by this Court, there is no doubt that the State Government is not bound to make reservations,” the court said.
The Congress party has questioned this judgment of the Supreme Court.
“Uttarakhand government has taken a stand that state governments are not bound to provide reservation in promotions. The Centre had earlier went to the Supreme Court to challenge the Delhi High Court’s judgment which said that reservations should not apply on promotions. The Centre is still pursuing that case in the Supreme Court,” said Congress spokesperson Udit Raj at a press conference here on Sunday.
“The views of the Centre and the state government are, therefore, contradictory on this. The BJP should, therefore, clarify its stand on reservations to ST/SCs in jobs and promotions,” he added. (ANI)