In a significant ruling the Supreme Court on Friday held that a state government cannot be compelled to provide quotas for SCs/STs in promotions in public employment.
Giving this ruling, a bench comprising Justices Dipak Misra and Prafulla C. Pant said, “However, if the state wishes to exercise the discretion to provide quota in promotions and make such provision, it has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment, in addition to compliance with Article 335 of the Constitution (Claims of Scheduled Castes and Scheduled Tribes to services and post).” Writing the judgment Justice Misra said, “The state concerned is required to show in each case the existence of the compelling reasons, namely, backwardness, inadequacy of representation and overall administrative efficiency, before making provision for reservation.”
Suresh Chand Gautam and others, in a batch of writ petitions, sought a direction to the Centre and UP government “to enforce appropriately the constitutional mandate as contained under the provisions of Articles 16(4-A), 16(4-B) and 335 of the Constitution or, in the alternative, directing the respondents to constitute a committee or appoint a commission chaired either by a retired judge of the high court or Supreme Court in making survey and collecting necessary qualitative data of the Scheduled Castes and the Scheduled Tribes in the services of the state for granting reservation in promotion.”
Rejecting the petitions, the bench said, “The courts do not formulate any policy and remain away from making anything that would amount to legislation, rules and regulation or policy relating to reservation. The courts can test the validity of the same when they are challenged. The court cannot direct for making legislation, or for that matter any kind of subordinate legislation. The relief in the present case, when appositely appreciated, tantamounts to a prayer for issue of a mandamus to take a step towards framing of a rule or a regulation for the purpose of reservation for Scheduled Castes and Scheduled Tribes in the matter of promotions.”
The bench added, “A writ of mandamus of such a nature cannot be issued. It has been clearly laid down that the state is not bound to make reservation for SCs/STs in matters of promotion. The expression of the opinion clearly demonstrates that regard being had to the enabling provisions of Articles 16(4-A) and (4-B), the state is not bound to make reservation.”
It has a discretion to do so and the state’s discretion can only be exercised on certain conditions being satisfied.”
