Odisha News, Odisha Latest news, Odisha Daily - OrissaPOST
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
No Result
View All Result
OrissaPOST - Odisha Latest news, English Daily -
No Result
View All Result

No fundamental right to claim reservation in promotions: Supreme Court

Agencies
Updated: February 9th, 2020, 16:08 IST
in Home News, National
0
Share on FacebookShare on TwitterShare on WhatsAppShare on Linkedin

New Delhi: In a major judgement, the Supreme Court has said that there is “no fundamental right which inheres in an individual to claim reservation in promotions,” and also no court can order a state government to provide for reservation to SC/STs.

A bench comprising Justices L Nageswara Rao and Hemant Gupta said, “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.”

Also Read

Over 1L trees to fall for Arunachal hydro project

5 hours ago

Bali Jatra UK 2026: Taking Odisha to Britain

5 hours ago

Citing the necessity of relevant data collection regarding representation of SC/STs in public jobs, the apex court emphasized this exercise is pre-requisite to begin reservation. And this data collection exercise, is not required when the state government decided not to provide reservations.

The top court observed the state government has the absolute discretion to decide whether or not to provide for reservation in jobs or reservation in promotions. Also, the state government is not under any obligation to do so.

Citing its judgement, the bench said that Article 16(4) and 16(4-A) are enabling provisions and the collection of quantifiable data showing inadequacy of representation of Scheduled Castes and Scheduled Tribes in public service is a “sine qua non for providing reservations in promotions.”

The top court also clarified that a state government is bound to collect data regarding inadequacy of representation of SCs/STs in government services when it wants to provide reservation but otherwise. The top court also observed that the state cannot be issued directions to provide reservations for appointment in public posts. “The State is not bound to make reservation for Scheduled Castes and Scheduled Tribes in matters of promotions,” added the court.

However, if a situation arises where such provisions were to be introduced, then the state government concerned should collect quantifiable data, which exhibits inadequacy of representation of that class in public services. And, this data would have to be brought on record before the court when a challenge is laid to the reservation policies.

The court observed, “Not being bound to provide reservations in promotions, the State is not required to justify its decision on the basis of quantifiable data, showing that there is adequate representation of members of the Scheduled Castes and Schedules Tribes in State services. Even if the under-representation of Scheduled Castes and Schedules Tribes in public services is brought to the notice of this Court, no mandamus can be issued by this Court to the State Government to provide reservation.”

The apex court also observed that the inadequacy of representation of SC/STs is a matter within the subjective satisfaction of the State. “The State can form its own opinion on the basis of the material it has in its possession already or it may gather such material through a Commission/Committee, person or authority. All that is required is that there must be some material on the basis of which the opinion is formed,” added the court.

The ruling of the top court came on a clutch of petitions connected with reservation to Scs and STs in promotions in the posts of Assistant Engineer (Civil) in Public Works Department, Government of Uttarakhand, where the government had decided against reservations. But, the High Court asked the state to first collect quantifiable data connected with representation of SCs/STs, and decide on the matter. The High Court also gave another direction that all future vacancies that are to be filled up by promotion in the posts of assistant engineer, should only be from the members of SCs and STs. The apex court set aside these directions.

IANS

Tags: No fundamental rightpromotionsreservationSupreme Court
ShareTweetSendShare
Suggest A Correction

Enter your email to get our daily news in your inbox.

 

OrissaPOST epaper Sunday POST OrissaPOST epaper

Click Here: Plastic Free Odisha

#MyPaperBagChallenge

Debasis Mohanty

December 12, 2019
#MyPaperBagChallenge

Nishikant Rout

December 12, 2019
#MyPaperBagChallenge

Ipsita

December 12, 2019
#MyPaperBagChallenge

Subhajyoti Mohanty

December 12, 2019
#MyPaperBagChallenge

Archit Mohapatra

December 12, 2019
#MyPaperBagChallenge

Matrumangal Jena

December 12, 2019
#MyPaperBagChallenge

Anasuya Sahoo

December 12, 2019
#MyPaperBagChallenge

Saishree Satyarupa

December 12, 2019
#MyPaperBagChallenge

Rajashree Manasa Mohanty

December 12, 2019
#MyPaperBagChallenge

Spinoj Pattnaik

December 12, 2019
#MyPaperBagChallenge

Narendra Kumar

December 12, 2019
#MyPaperBagChallenge

Pragyan Priyambada

December 12, 2019
#MyPaperBagChallenge

Tabish Maaz

December 12, 2019
#MyPaperBagChallenge

Ramakanta Sahoo

December 12, 2019
#MyPaperBagChallenge

Priyasha Pradhan

December 12, 2019
#MyPaperBagChallenge

Chinmay Kumar Routray

December 12, 2019
#MyPaperBagChallenge

Pratik Kumar

December 12, 2019
#MyPaperBagChallenge

Subhajyoti Mohanty

December 12, 2019
#MyPaperBagChallenge

Praptimayee Biswal

December 12, 2019
#MyPaperBagChallenge

Arya Ayushman

December 12, 2019
#MyPaperBagChallenge

Swarit Praharaj

December 12, 2019
?????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
#MyPaperBagChallenge

Dibya Ranjan Das

December 12, 2019
#MyPaperBagChallenge

Keshab Chandra Rout

December 12, 2019
#MyPaperBagChallenge

Shreyanshu Bal

December 12, 2019
#MyPaperBagChallenge

Mrutyunjaya Behera

December 12, 2019
#MyPaperBagChallenge

Sisirkumar Maharana

December 12, 2019
#MyPaperBagChallenge

Pitabas Tripathy

December 12, 2019
#MyPaperBagChallenge

D Rama Rao

December 12, 2019
#MyPaperBagChallenge

Akshaya Kumar Dash

December 12, 2019
#MyPaperBagChallenge

Adweeti Bhattacharya

December 12, 2019

Archives

Editorial

Faith Under Fire

Aakar Patel
November 8, 2026

By Aakar Patel Attacks on Bengali Christians and their churches have begun following the BJP's victory in the state. Last...

Read moreDetails

A New Orientation

Silent Shift
November 7, 2026

By Dilip Cherian The Centre appears keen to give young IPS officers early exposure to the workings and priorities of...

Read moreDetails

Tasting Same Medicine

November 4, 2026

The demonstration by scores of policemen and officers outside the Delhi Police headquarters on 2 November to protest against some...

Read moreDetails

Fresh Fault Lines

Representative pic
November 3, 2026

More than three years after ethnic violence erupted in Manipur, there is no let-up in the spiral of killings, displacement,...

Read moreDetails
  • Home
  • State
  • Metro
  • National
  • International
  • Business
  • Editorial
  • Opinion
  • Sports
  • About Us
  • Advertise
  • Contact Us
  • Jobs
Developed By Ratna Technology

© 2025 All rights Reserved by OrissaPOST

  • News in Odia
  • Orissa POST Epaper
  • Video
  • Home
  • Trending
  • Metro
  • State
  • Odisha Special
  • National
  • International
  • Sports
  • Business
  • Editorial
  • Entertainment
  • Horoscope
  • Careers
  • Feature
  • Today’s Pic
  • Opinion
  • Sci-Tech
  • About Us
  • Contact Us
  • Jobs

© 2025 All rights Reserved by OrissaPOST

    • News in Odia
    • Orissa POST Epaper
    • Video
    • Home
    • Trending
    • Metro
    • State
    • Odisha Special
    • National
    • International
    • Sports
    • Business
    • Editorial
    • Entertainment
    • Horoscope
    • Careers
    • Feature
    • Today’s Pic
    • Opinion
    • Sci-Tech
    • About Us
    • Contact Us
    • Jobs

    © 2025 All rights Reserved by OrissaPOST