Sc/sts Can't Claim Quotas For Govt Job Promotions: Sc

[donganaaK]

NEW DELHI: In a landmark verdict, the Supreme Court on Friday ruled that scheduled caste and scheduled tribe members cannot claim quota as a right in government job promotions, saying states were not constitutionally obliged to give preferential treatment to any community in promotion.

A bench of Justices Dipak Misra and Prafulla C Pant said the government was not bound by any constitutional provision to frame a policy for reservation in promotion and the court could not order making reservation in promotion mandatory.

Referring to Articles 16(4), 16(4-A) and 16(4-B) of the Constitution mandating socially affirmative action to help dsadvantaged groups, the court said states were not bound to make reservation for SCs/STs in promotion.

 

It said the provisions allowed the government to exercise discretion and provide for reservation only after collecting quantifiable data showing backwardness of a class and inadequacy of their representation in public employment.

 

 

 

Article 16(4-A) provides that nothing shall prevent the state from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services in favour of SCs and STs which, in the opinion of the state, were not adequately represented.

 

 

 

The bench refused to direct Uttar Pradesh government to carry out an exercise to find the representation of SCs/STs in government jobs to frame a policy for reservation in promotion. "The state is not bound to make reservation for SCs and STs in matter of promotions. Therefore, there is no duty. In such a situation, to issue a mandamus to collect data would tantamount to asking the authorities whether there is ample data to frame a rule or regulation. This will be in a way, entering into the domain of legislation," the bench said.

 

 

 

The Constitution granted discretionary power to the government to frame law for reservation in promotion and the government could not be forced to bring regulation on the issue, the bench said. "The courts do not formulate any policy, remains away from making anything that would amount to legislation, rules and regulation or policy relating to reservation. The courts can test the validity of the same when they are challenged. The court cannot direct for making legislation or for that matter any kind of subordinate legislation," the bench said while rejecting a PIL seeking a direction to the UP government to grant reservation in promotion.

 

 

[donganaaK]

:giggle:

[Enjoy99]

MBBS PG ki reservations thiseyali

[donganaaK]

MBBS PG ki reservations thiseyali

 

then what abt payment seats ? :giggle:

[Enjoy99]

then what abt payment seats ? :giggle:

Abt to say that .. Bayata donation doctor ani board pettukovali lolll

Present .. Quota penchali instead of that 3 k or whatever/howmuchever seats that are available for MBBS

[donganaaK]

Abt to say that .. Bayata donation doctor ani board pettukovali lolll

Present .. Quota penchali instead of that 3 k or whatever/howmuchever seats that are available for MBBS

 

most of the people who pay for PG seats will have enough money to open hospitals of their own , the'll most likely end up managing the hospitals than actually practicing full time ...

[4Vikram]

Ee reservation quota vere castes ki ledu aa?

[icecreamZ]

raavali raavali....ma sambar and vijaya

 

[JasonBourne13]

Reservations ante financial help cheyali thus supporting the  deserving candidates. Supporting unskilled people is utter bullshit. Even if Pakistan wishes India to develop, our very own lazy Indians who are spoon fed with this reservation shtick won't let it happen.

 

Avasaram unnavadiki help cheyalaa.. or "reservation" brand unna vadiki help cheyala!  :3D_Smiles:

[donganaaK]

Ee reservation quota vere castes ki ledu aa?

 

going by whats in that article , it seems they have more weight over other categories when they compete for a promotion ..... i'm not really sure how that works though

[VizagRocks]

okkadu kooda news ki related ga emi discuss cheyyara?

 

24/7 mee thokkalo prejudices gurinchi sankalu guddu kovatame na.. 

 

intha clear ga verdict icchharu, but idhi already follow ayyedhe. evadu deeni kosam court ekkinaaro artham kaale.

 

sare le, atleast constitutionally possible, vs something that a state govt. can legislate if it wishes ki difference cheppinanduku thanks.

 

among the more sane Supreme court judgements recently

[JasonBourne13]

okkadu kooda news ki related ga emi discuss cheyyara?

 

24/7 mee thokkalo prejudices gurinchi sankalu guddu kovatame na.. 

 

intha clear ga verdict icchharu, but idhi already follow ayyedhe. evadu deeni kosam court ekkinaaro artham kaale.

 

sare le, atleast constitutionally possible, vs something that a state govt. can legislate if it wishes ki difference cheppinanduku thanks.

 

among the more sane Supreme court judgements recently

 

I don't think so!

[Enjoy99]

raavali raavali....ma sambar and vijaya

:giggle:

[solman]

okkadu kooda news ki related ga emi discuss cheyyara?

 

24/7 mee thokkalo prejudices gurinchi sankalu guddu kovatame na.. 

 

intha clear ga verdict icchharu, but idhi already follow ayyedhe. evadu deeni kosam court ekkinaaro artham kaale.

 

sare le, atleast constitutionally possible, vs something that a state govt. can legislate if it wishes ki difference cheppinanduku thanks.

 

among the more sane Supreme court judgements recently

 

 

start 

[VizagRocks]

going by whats in that article , it seems they have more weight over other categories when they compete for a promotion ..... i'm not really sure how that works though

 

reservations in promotions are grey area. Its left to the individual departments to deal with it. Most of the appointments are hence, political.

 

now the question is, if its better to keep it political, or atleast have a constitutional amendment that ensures reservations in promotions too.

 

courts don't have anything to say on this obviously. It is beyond their jurisdiction. They just interpreted the law as it stands, and said that state govts are not obliged to stick to reservation quotas in promotion. But that is something that is already happening in govt. offices everywhere in India.