Case is regarding the reservations to SC and ST in promotions in the posts of assistant engineer in the Public Works Department, Government of Uttarakhand.
New Delhi| Bhim Army chief Chandrashekhar Azad on Tuesday approached the Supreme Court seeking a review of the top court’s order that said state governments are not bound to provide reservations in promotions in public services.
The apex court on February 7 had delivered its verdict while dealing with the pleas regarding the Uttarakhand government’s September 5, 2012 decision to fill up all posts in public services in the state without providing reservations to the Scheduled Castes and the Scheduled Tribes.
The government’s decision was challenged in the Uttarakhand High Court, which struck it down.
The Supreme Court has ruled there is no fundamental right to claim reservation in public jobs and no court can order a state government to provide for reservation to Scheduled Caste and Scheduled Tribes.
In an important judgment, the apex court has ruled that it is within the absolute discretion of a state government to decide whether to provide or not for reservation or promotional reservation and that there is no obligation on the states to mandatorily do so.
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Clarifying that a state government mandatorily can collect data regarding the inadequacy of representation of SC and ST in Government services when it wants to provide reservation but otherwise.
The apex court said provisions in Article 16 for providing reservation favouring SC/STs are enabling provisions, vesting a discretion on the state government.
But the state government cannot be directed to provide reservations for appointments in public posts, said the bench, adding “for the State, it is not mandatory to make a reservation for SC and ST in matters of promotions”.
In his plea, Azad and co-petitioner Bahadur Abbas Naqvi, have claimed that the top court’s verdict has given a “freehand” to the states to completely abolish reservations to the Scheduled Castes, Scheduled Tribes, Other Backward Classes and economically weaker sections of society.
Azad in his review petition argued that the February judgment would act as a tool in the hands of the oppressors to further oppress and exploit the SC, ST, OBC and the economically weaker sections, causing further marginalisation within the society, thereby defeating the endeavour to bring equality between the citizens of this country by the framers of our Constitution particularly those of Baba Saheb Dr Bhim Rao Ambedkar.
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