Reservation in Job Promotions not a Fundamental Right

  • In its recent judgement overturning the 2012 Uttarakhand High Court ruling, the Supreme Court said that reservation in promotion in public posts cannot be claimed as a fundamental right.
  • It stated that Supreme Court could not compel states to provide quotas and states could not be forced to make such provisions without data showing imbalance in representation of certain communities in public service. Thus, State is not bound to make reservation for SCs/STs in matters of promotions. Also, no mandamus can be issued by the court directing state governments to provide reservations.
  • While Articles 16(4) and 16(4-A) of the Constitution give power ....
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