SC denies accepting the plea to order States to mandatorily collect data on SC/ST for fixing reservation in promotion

New Delhi: The Supreme Court of India yesterday, on 11th March says that the State is not duty- bound to give reservation in promotion to Scheduled Caste and Scheduled Tribe employees.

The Court’s concerned Bench of Justice Dipak Misra and Justice C. Pant was hearing the plea where the petitioners were seeking the direction against the State Government of the Uttar Pradesh that they should conduct a survey for collecting necessary qualitative data regarding representation of Schedule Castes and Scheduled Tribes in services for grant of reservation in promotion to them.

While considering the plea, the bench of Top Court decides not to issue any directions against the Government for collecting data regarding those groups’ alleged under- representation in various services, for allowing them to claim quota benefits. Moreover, the Court further by analysing a series of verdicts on reservation in promotion, observed that the making of any such order would be termed as to enter into the domain of the legislature and executive.

It is clearly told by the Court that they are not formulating any policy, and court always tries to remain away from making of anything which will be amounting to the legislations, rules and regulations for which they are empowered under constitution of the country. Thus, the plea was dismissed by the Court in the batch of petitions.

Moreover, the Court further sought to make it clear that the State is not bound to make reservation for Scheduled Castes and Scheduled Tribes in the matter of promotion, as it has been clearly laid down. Moreover, when State desires to do so then it should collect the quantifiable data where the backwardness of the class and inadequacy of the representation of classes in public employment in addition to the compliance with the Article 335 is found.

As such, the Top Court’s concerned bench has decided not to accept the plea which was based on politically sensitive matter. And also, as per the view of the Court, it can only testify the validity of the policy or law and cannot legislate.

Leave a Reply