Asst in the PWD section of the Uttarakhand government. The court is hearing a petition seeking the reservation of civil engineer posts for reservation for SCs and STs. There is no doubt that the state government is not obliged to grant reservations. The right to reservation in employment is not limited to one’s fundamental rights. The Bench comprising Justices L Nageshwara Rao and Hemant Gupta said the state government cannot issue a verdict on the issue.
This was overturned by the Uttarakhand High Court’s verdict in 2012. The verdict was that the state government is allowed to set quotas for specific sections. Leading lawyers like Kapil Sibal and Colin Gonzalez argued that Article 16 (4) and 16 (4-A) of the Constitution are the right of state governments to protect and assist SCs and STs.
These clauses give the authority to grant reservation. But the Supreme Court has now ruled that they can only be implemented if the state says they do not adequately represent them in state services. The court held that the state was not obliged to provide reservation for SC / ST candidates in matters of promotion.
English Summary: “Reservations for Jobs, Promotions Not a Fundamental Right”: Top Court