State govt not bound to provide reservations in jobs and promotions: Supreme Court
New Delhi: The Supreme Court has held that states are not bound to provide reservation in appointments and there is no fundamental right to claim quota in promotions.
"In view of the law laid down by this court, there is no doubt that the state government is not bound to make reservations. There is no fundamental right which inheres in an individual to claim reservation in promotions," a bench of justices L Nageswara Rao and Hemant Gupta said.
"No mandamus can be issued by the court directing the state government to provide reservations," the bench said in its verdict.
The apex court said this while dealing with pleas regarding Uttarakhand government's September 5, 2012 decision to fill up all posts in public services in the state without providing reservations to Scheduled Castes and Scheduled Tribes.
The government's decision was challenged in the Uttarakhand High Court, which struck it down.
Dealing with the appeals against the high court verdict, the top court noted, "It is settled law that the state government cannot be directed to provide reservations for appointment in public posts. Similarly, the state is not bound to make reservation for Scheduled Castes and Scheduled Tribes in matters of promotions."
"However, if they (state) wish to exercise their discretion and make such provision, the state has to collect quantifiable data showing inadequacy of representation of that class in public services," the bench said.
While upholding the Uttarakhand government's September 2012 notification, the apex court said that as the government is not bound to provide reservation in promotions, the high court should not have declared the state's decision as illegal.
Referring to constitutional provision about reservation, the bench said, "It is for the state government to decide whether reservations are required in the matter of appointment and promotions to public posts."
It noted that Article 16 (4) and 16 (4-A) of the Constitution empowers the state to make reservation in matters of appointment and promotion in favour of the Scheduled Castes and Scheduled Tribes "if in the opinion of state they are not adequately represented in the services of the state".
"The language in clauses (4) and (4-A) of Article 16 is clear, according to which, the inadequacy of representation is a matter within the subjective satisfaction of the state," the bench said, adding, "All that is required is that there must be some material on the basis of which the opinion is formed
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Belagavi youth’s murder case projected as road accident, cracked in Uttara Kannada; Three arrested
Karwar: Uttara Kannada police have cracked a murder case in which a Belagavi youth was killed and his body burnt inside a car to make it appear like a road accident.
Addressing a press meet in the city, Superintendent of Police Deepan M.N. said three accused from Old Hubballi have been arrested in connection with the case. The crime was a pre-planned act driven by personal enmity, he said.
The case came to light on April 8 morning when a car (KA-04/MJ-8996) was found completely burnt in a roadside ditch near Talekumbri bus stand in Yellapur. Only charred human remains were found inside the vehicle. Initially, it was suspected to be an accident caused by overspeeding, and a case was registered at Yellapur police station based on a complaint filed by the deceased’s father, Jagannath Dhapale.
However, the father later expressed suspicion that his son’s death was not accidental, prompting a detailed investigation.
Taking the matter seriously, two special teams were formed under the leadership of Yellapur Inspector Ramesh Hanapur. On analysing technical evidence and CCTV footage, police found that it was a planned murder.
The accused have been identified as Abdul Raheem Basheer Ahmed Mujawar (32), Maulasab Bavahan Wada (36) and Dadapeer alias Aftab Mehboob Saab Balasangi (22), all chicken traders from Old Hubballi.
Police have seized the car used in the crime along with two scooters. The accused have been remanded to judicial custody.
Investigations revealed that the accused killed Nitesh Dhapale due to personal enmity and later set the car on fire along with the body to project it as an accident.
SP Deepan M.N. appreciated the efforts of Inspector Ramesh Hanapur, PSIs Rajashekhar Vandali and Siddappa Gudi, and the entire team for solving the complex case.
