New Delhi: 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 a 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 Schedule Castes and Schedule Tribes to services and post).”
Writing the judgement, 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 a provision for reservation.”
A batch of writ petitions sought a direction to the Centre and Uttar Pradesh government “...in making a survey and collecting necessary qualitative data of the SC and the ST 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 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 Schedule Castes and Schedule Tribes in the matter of promotions.”
