Reservation in promotion is not a fundamental right held by Supreme Court

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In the matter of Mukesh Kumar & Others vs State of Uttarakhand and others, a bench of justices L Nageswara Rao and Hemant Gupta by a judgement dated 07 Feb, 2020  held that the State is not bound to make reservation for Scheduled Castes and Scheduled Tribes in matters of promotions.

Reservation is not a Fundamental Right

The Supreme Court observed that “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 and therefore no mandamus can be issued by the court directing the state government to provide reservations.

The judgment came up upon a challenge to the decision of Uttarakhand High Court

The apex court said this while dealing with pleas regarding Uttarakhand government’s September 5, 2012 decision to fill up all posts in public services in the state without providing reservations to Scheduled Castes and Scheduled Tribes. The government’s decision was challenged in the Uttarakhand High Court, which struck it down.

Inadequacy of representation is a matter within the subjective satisfaction of the state

The Supreme Court noted that Article 16 (4) and 16 (4-A) of the Constitution empowers the state to make reservation in matters of appointment and promotion in favour of the Scheduled Castes and Scheduled Tribes “if in the opinion of state they are not adequately represented in the services of the state”. It further held “The language in clauses (4) and (4-A) of Article 16 is clear, according to which, the inadequacy of representation is a matter within the subjective satisfaction of the state,” the bench said, adding.

Read the judgment here Mukesh Kumar vs The State Of Uttarakhand on 7 February, 2020



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