Reservation in Promotion to SC, ST

The state is not duty-bound to give reservation in promotion to Scheduled Caste and Scheduled Tribe employees, the Supreme Court said on March 18, 2016. A bench of justices Dipak Misra and Prafulla C Pant said courts can’t issue directions to the government to collect data regarding these groups’ alleged under-representation in various services to enable them to claim quota benefits. After analysing a series of verdicts on reservation in promotion, it said any such order would amount to entering into the domain of the legislature and the executive.

• “Be it clearly stated, the courts do not formulate any policy, remain away from making anything that would amount to legislation, rules and regulation or policy relating to reservation,” the bench said, dismissing a batch of petitions on the politically sensitive matter.
• “It has been clearly laid down that the State is not bound to make reservation for SCs/STs in matters of promotion. However, if the State wishes to exercise the discretion 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,” the SC said.

According to Article 335 of the Constitution, the claims of SC and ST members for appointments in government services have to be taken into consideration consistently with the maintenance of efficiency of administration.

The petitioners had sought a direction to the Uttar Pradesh government to conduct a survey to collect necessary qualitative data regarding representation of SCs and STs in services for grant of reservation in promotion to them.