'Quotas for promotion in government jobs not a fundamental right':SC
New Delhi/IBNS: The Supreme Court has said quotas and reservations for promotion in government jobs is not a fundamental right, overturning a 2012 judgment by the Uttarakhand High Court that directed the state to provide quotas to specified communities, according to media reports.
Delivering its verdict on appeals on reservations for SC/ST community members in promotions to Assistant Engineer (Civil) posts in the Public Works Department of the Uttarakhand government, the apex court on Friday said it could not direct states to provide quotas or force states to make such provisions unless data showing imbalance in representation of specific communities was shown.
"There is no doubt 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 state governments to provide reservations," a bench comprising Justices L Nageswara Rao and Hemant Gupta said in its judgment on Feb 7, reported NDTV.
The Uttarakhand High Court had delivered the judgment after arguments by senior advocates Kapil Sibal, Colin Gonsalves and Dushyant Dave argued that the state had a duty to help SCs/STs under Articles 16(4) and 16(4-A) of the Constitution.
Quashing the previous ruling, the Supreme Court on Friday told the appellants that Articles 16(4) and 16(4-A) give the power to make reservations only" if in the opinion of the state they are not adequately represented in the services of the state".
"It is settled law the state cannot be directed to provide reservations for appointment in public posts. Similarly, state is not bound to make reservation for SCs/STs in matters of promotions," the court said.
The apex court also cautioned the states to make decisions on the basis of quantifiable data and justify their decisions.
A judgment on halting of reservation of well off members from SC/ST communities, known as "creamy layer", is pending in the Supreme Court after the Centre in Dec last year asked the SC to review its judgment barring reservation to the "creamy layer" in government jobs.
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