SC Says Seeking Reservations in Jobs and Promotion Not Fundamental Right

Supreme Court of India

In a latest development, the Supreme Court of India has held that the states are no longer bound to provide reservation in appointment and there is no fundamental right to claim quota in promotions in jobs.

A bench of Justices L Nageshwara and Hemant Gupta said, “ In view of the law laid down by the court, there is no doubt that the states government is not bound to make reservations. There is no fundamental right which inures in an individual to claim reservation in promotions. No mandamus can be issued by the court directing the state government to provide reservations.

The Supreme Court said that while dealing with pleas about the Uttarakhand government’s attempt to fill up all public posts in the state without providing reservations to Scheduled Castes and Scheduled Tribes in 2012, the decision  had been challenged in the Uttarakhand High Court and was struck down.

The top court said, “It is settled law that the state government cannot be directed to provide reservations for appointment in public posts. Similarly, the state is not bound to make reservation for Scheduled Castes and Scheduled Tribes in matters of promotions. However, if they (state)wish to exercise their discretion and make such provision the state has to collect quantifiable data showing inadequacy of representation of the class in public services. 

The Supreme Court has left the states free to decide whether they want to allow for reservations or not, although they are not compelled to do so and only if they feel that SC and ST population within the state would be benefited from doing so. All that is required is some basis on which this opinion is formed.


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