Chennai: The Madras High Court on Wednesday said that it
could not issue a direction to Chennai Petroleum Corporation
Ltd (CPCL) to fill up a particular post from among SC/ST
candidates.
Dismissing a petition filed by Madras Refineries SC/ST
Employees Welfare Association, Justice K Chandru, citing a
Supreme Court ruling, said `a court can not issue a writ in
the nature of a mandamus directing the CPCL to fill up a
particular post without the Government of India or CPCL
undertaking an exercise to identify such posts to be filled
up by reservation in promotion`.
He said the Association`s appeal to enforce a right, which
was neither a constitutional right nor supported by any law
made in this regard, can not be sustained.
The court, the Judge said, `can not sit in appeal over the
judgement of the state or employer and ordain that a
particular post be filled up by direct recruitment/promotion
and no mandamus can be issued either to provide for
reservation or relaxation`.
Pointing out that Article 16(4) providing for Reservation
in promotions was an enabling provision,he said it was for the
state to make appropriate rules consistent with Article 16(4A)
and Article 335 granting due representation in various posts.
According to the Association, CPCL had negatived their
claim for reserving two posts of General Manager to be filled
up by poromotions from among SC/ST candidates. When the
vacancies had arisen, it had sent a representation on January
11 enquiring whether reservation was made for filling up the
posts of General Manager. Following the negative reply the
Association moved the High Court.
PTI
