Reservations in job, promotions not a fundamental right: Supreme Court
New Delhi/IBNS/UNI: In a major judgement, the Supreme Court on Monday said reservation for Scheduled Castes (SC) and Scheduled Tribes (ST) in jobs and promotions is not a fundamental right, media reports said.
A bench comprising Justice L. Nageswara Rao and Hemant Gupta said as quoted by Business Standard, "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. No mandamus can be issued by the Court directing the State Government to provide reservations."
The top court has stated that the collection of relevant data is required before beginning the process of reservation.
However, the data collection exercise is not required if a state government decides not to provide reservations.
The Supreme Court has cleared that a state government can take decision on whether to provide reservation or not.
The apex court passed the verdict over a batch of petitions pertaining to reservations to SC/STs in promotions in the posts of Assistant Engineer in PWD in Uttarakhad.
In the backdrop of the order, Congress leader Rahul Gandhi on Monday hit out at the Narendra Modi government and the ruling Bharatiya Janata Party (BJP)'s parental organisation Rashtriya Swayamsevak Sangh (RSS) saying his party will not allow them to erase reservations.
"I want to tell friends in Dalit, Adivasis and OBC communities that we will not allow the reservations come to an end, no matter how much Modi ji or Mohan Bhagwat dream of it," Gandhi said in Parliament premises.
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