RESERVATION IN PROMOTION IN PUBLIC POSTS

Feb. 9, 2020

The Supreme Court has reiterated in a judgment that Reservation in promotion in public posts cannot be claimed as a fundamental right.

About:

  • The court observed that State governments are not bound to provide reservation for appointment in public posts. Even the courts could not issue a mandamus directing the States to provide reservation.

  • The court said Articles 16 (4) and 16 (4-A) of the Constitution did not confer individuals with a fundamental right to claim reservation in promotion.

  • The Articles empower the State to make reservation in matters of appointment and promotion in favour of the Scheduled Castes and the Scheduled Tribes only “if in the opinion of the State they are not adequately represented in the services of the State”. 

Source : The Hindu