Friday, the Supreme Court of India has given a judgment that all states are not legally bound to give reservation quotas for Scheduled Castes and Tribes in government jobs. Also, it stated that individuals have no right claim for reservations in promotions. The verdict was given during the judgment of a case which is regarding the validity of a notification by the Uttarakhand government to fill government jobs in 2012.
In the constitution, article 16 which says that there should be equality in matters related to opportunities in government. Subsections 4 and 4A pertain to reservations of SC/STs in appointments and promotions.
Below are the list of articles :
Article 16: “Nothing in this Article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.’
Article 16(4A): “Nothing in this Article shall prevent the State from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favor of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.”
The court also said that even the SC/STs are not represented enough in public sectors and if this is bought to attention, the state governments should not give reservations.
Another case in 2018 which states that the people belonging to the creamy layer of SC/STs are not eligible for reservation, is also pending in the court.
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