Supreme Court in a decisive judgment announced that the State has the discretion of deciding upon reservation, given it has substantiating data. It pronounced that Job Promotions are not a fundamental right.
Crux of the Matter
Reservation Case Supreme Court of India (SC) in the Gyanchand v. State Government case announced that the High Court does not hold the authority to direct the State Government to issue reservation. In 2012, the post of Assistant Engineer (Civil) in the Public Works Department (PWD) was filled up without reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs). The decision was objected by the High Court and the State was asked to decide upon reservation only after collecting adequate data. SC quashed High Court’s order and said that reservation is at the discretion of the State government. SC Mandate Supreme Court pronounced that reservation is not a fundamental right granted to a citizen. No individual is conferred upon the right to claim reservation. The Constitution of India empowers a State to decide upon whether the reservation should be provided. SC said that Article 16(4) and Article 16(4-A) are only enabling provisions in the Constitution. They enable the State to choose for reservation in public posts.
Article 16 (4) of the Indian Constitution
It added that the State is also not compelled to provide reservation. Rather a State must have quantifiable data to prove that the beneficiaries (SCs or STs) are not adequately represented in public services.
Article 16 (4-A) of the Indian Constitution
If the State’s decision to reserve seats in promotion is challenged, the State should be able to present a quantifiable data to Court. That data should substantiate the argument that the reserved are inadequately represented in that class or classes of posts and that reservation would not affect the general efficiency of the administration as per Article 335 of the Constitution.
Article 335 of the Indian Constitution
The State also has the discretion to form a judgment regarding reservation on the basis of “the material it already has in its possession or the data or material it may gather with the help of committee/authority/individual. As per SC, the pre-requisite of data collection is necessary to justify reservation in appointment or promotion in public posts under Article 16(4) and Article 16(4-A) of the Constitution. It must be noted that the data collection is not required if the State decides against reservation.
Contentious Issue Reservation in India has been disputable. In 2018, SC’s five-judge bench pronounced that the creamy layer – the well-off members of the SC/ST – cannot get reservation in public sector jobs. A review petition for this decision is pending in the SC. The SC judgment in this Uttarakhand Government Job Reservation Case is considered to be against the fundamentals of the concept of reservation by Chirag Paswan of the Lok Janshakti Party.
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. — Chirag Paswan (@ichiragpaswan) February 9, 2020
Congressman Udit Raj considered the Supreme Court ruling disturbing in a time when backward classes are perturbed at reservation system not working efficiently. As per Suresh Chand Gautam v. State of UP and CA Rajendran v. Union of India cases, the High Court cannot issue a mandamus to the State government even if the High Cout is notified of the inadequate representation of backward classes in public services.
Curiopedia
Reservation in India – The system of reservation in India is designed to promote, or provide opportunities to the various legislatures, to government jobs, and to enrollment in higher educational institutions. The reservation nourishes the historically disadvantaged castes and tribes, listed as Scheduled Castes and Scheduled Tribes by the Government of India, also those designated as Other Backwards Classes (OBCs) and also the economically backward general. The reservation is undertaken to address the historic oppression, inequality, and discrimination faced by those communities and to give these communities a place. It is intended to realise the promise of equality enshrined in the Constitution. More Info
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