question_answer

In a significant judgment, the Supreme Court has ruled that State can’'t be ordered to provide for reservation in public jobs and promotions.

"“It is settled law that state govt can'’t be directed to provide reservations for appointment in public posts. Similarly, the state is not bound to make reservation for SCs and STs in matters of promotions",” a bench of Justices L Nageswara Rao and Hemant Gupta held.

Setting aside an order of Uttarakhand High Court, the bench said: “"...the direction given by the High Court that the State Government should first collect data regarding the adequacy or inadequacy of representation of Scheduled Castes and Scheduled Tribes in Government services on the basis of which the State Government should take a decision whether or not to provide reservation in promotion is contrary to the law laid down by this Court...”"

"“...Yet another direction given by the High Court in its judgment dated 15.07.2019, directing that all future vacancies that are to be filled up by promotion in the posts of Assistant Engineer, should only be from the members of Scheduled Castes and Scheduled Tribes, is wholly unjustifiable and is hence set aside",” the bench further said.

The bench order came while dealing with a clutch of pleas pertaining to reservations to SCs and STs in promotions in the posts of Assistant Engineer (Civil) in Public Works Department, Government of Uttarakhand.

1. The Controversy to the above Appeals pertains to the reservations to Scheduled Castes and Scheduled Tribes in promotions in the posts of Assistant Engineer (Civil) in Public Works Department, Government of Uttarakhand.

2. The Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (for short "“the 1994 Act"”) provided for reservation in public services and posts in favour of persons belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes of citizens. Section 3(1) of the said Act stipulated reservation at the stage of direct recruitment. According to Section 3(7) of the 1994 Act, the Government Orders providing reservation for appointment to public posts filled up by promotion which were existing on the date of commencement of the 1994 Act shall continue till they are modified or revoked. After the formation of the State of Uttarakhand in 2001, the Uttar Pradesh Public Services (Scheduled Caste, Scheduled Tribe and Other Backward Caste Reservation) Act, 1994 was made applicable to the State of Uttaranchal by a Notification dated 30.08.2001 with a modification in the percentage of reservations. 21% reservation for Scheduled Castes was modified to 19% and 2% for Scheduled Tribes was increased to 4%. Likewise, 21% reservation provided in the 1994 Act for Other Backward Classes was altered to 14%.

What modification was made by the Uttarakhand government in the percentage of reservation after 2001?

A) 21% reservation for Scheduled Castes was modified to 19% and 2% for Scheduled Tribes was increased to 4%.

B) 16% reservation for Scheduled Castes was modified to 19% and 2% for Scheduled Tribes was increased to 4%.

C) 15% reservation for Scheduled Castes was modified to 19% and 4% for Scheduled Tribes was increased to 7%.

D) 20% reservation for Scheduled Castes was modified to 19% and 7% for Scheduled Tribes was decreased to 4%.