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Reservations in jobs is not a fundamental right: Supreme Court

A Supreme Court bench has observed that the state "is not bound to make a reservation for Scheduled Castes and Scheduled Tribes in matters of promotions"


The Supreme Court in a judgement has said that the government is not bound to provide reservation for promotions and appointments to public posts, and that courts cannot give directives compelling states to reserve jobs or positions for Scheduled Castes (SCs) and Scheduled Tribes (STs), reports suggest.
Setting aside Uttarakhand High Court's order, the Supreme Court ruled that the state government "cannot be directed to provide reservations for appointment in public posts," news agency IANS has reported.
A bench of the apex court comprising Justices L Nageswara Rao and Hemant Gupta observed that the state "is not bound to make a reservation for Scheduled Castes and Scheduled Tribes in matters of promotions."
The bench clarified that Articles 16(4) and 16(4-A) are in the nature of enabling provisions but the same do not confer a fundamental right to claim reservations in promotions and other such areas as mentioned in the said articles of the Constitution.
The two-member bench set aside an order by the High Court in which it had called for the state government to collect data pertaining to representation of the SCs and STs in government services, directing the state to provide reservations in appointments and promotions accordingly. According to the report, the Supreme Court has noted that the HC order was not in sync with law laid down by the apex court.
It added that where a state government wants to provide reservations to the aforementioned sections in government services and promotions, it is bound to collect representation data. However, if it decides against providing reservations, the same cannot be challenged.


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