SC: Courts can’t ask states to give quota in promotions
New Delhi, January 11
The Constitution enables governments to provide for reservation of SC/ST category employees even in promotions but courts cannot direct them to make such a provision, the Supreme Court has ruled.
A Bench said the aggrieved employees, belonging to SC/ST categories, can themselves seek redressal from the court if they are denied the rightful promotions.
“Insofar as making of provisions for reservation in matters of promotion to any class or classes of post is concerned, such a provision can be made in favour of SC/ST category employees if, in the opinion of the state, they are not adequately represented in services under the state.
“Thus, no doubt, power lies with the state to make a provision, but, at the same time, courts cannot issue any mandamus to the state to necessarily make such a provision. It is for the state to act, in a given situation, and to take such an affirmative action,” the Bench said.
Whenever, there exists such a provision for reservation in the matters of recruitment or promotion, it would bestow an enforceable right in favour of persons belonging to SC/ST category, the employees concerned can move the court to get their rights enforced, it said. — PTI