State govt not compelled to give reservations in jobs and promotions, says Supreme Court

New Delhi: In a key judgement the Supreme Court on Friday has ruled that states are not bound to provide reservation in appointments and there is no fundamental right to claim quota in promotions. The top court asserted that states could not be forced to make such provisions without data showing imbalance in the representation of certain communities in public service.

A bench of justices L Nageswara Rao and Hemant Gupta said, "In view of the law laid down by this court, there is no doubt 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.''

The verdict further added, "No mandamus can be issued by the court directing the state government to provide reservations," the bench said in its verdict.

The top court's verdict came while dealing with pleas regarding Uttarakhand government's September 5, 2012 decision to fill up all posts in public services in the state without providing reservations to Scheduled Castes and Scheduled Tribes. The SC's judgment overturned Uttarakhand High Court's order that directed the state to provide quotas to specified communities.

Countering the high court verdict, the SC 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 a reservation for Scheduled Castes and Scheduled Tribes in matters of promotions."

The bench further ruled that if a state wishes to exercise their discretion and make such provision, the state has to collect quantifiable data showing the inadequacy of representation of that class in public services

Referring to constitutional provision about the reservation, the bench said, "It is for the state government to decide whether reservations are required in the matter of appointment and promotions to public posts."

Stressing on the language in clauses (4) and (4-A) of Article 16 of the constitution, the apex court said the inadequacy of representation is a matter within the subjective satisfaction of the state, adding, there must be some material on the basis of which the state can form the opinion of providing reservation.  

It noted that Article 16 (4) and 16 (4-A) of the Constitution empowers the state to make reservations 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".

Reacting to SC's verdict Congress leader Mallikarjun Kharge said that this decision has worried the marginalized communities. Kharge said that his party will protest against it in and outside Parliament and blamed BJP and RSS saying they have been trying to get reservations scrapped for a long time.

Lok Janshakti Party leader Chirag Paswan also disagreed with the judgement and wrote, ''Recent judgment of supreme court says that states are not bound to provide quotas for SC/ST or OBC in government job and that there is no fundamental right to claim reservation in promotions. This is entirely against the concept of reservation. Lok Janshakti Party does not agree with such findings of the court.'' Giving his party's stand in the matter, he said, ''LJP demands Govt. Of India to restore reservation as provided under the constitution of India.''