Thursday, December 3, 2009

[ZESTCaste] Reservation for SCs, STs not mandatory in PG courses: SC

Reservation for SCs, STs not mandatory in PG courses: SC
Agencies Posted: Dec 02, 2009 at 1958 hrs

New Delhi The Supreme Court has ruled that providing reservation
benefits to SC, ST and OBC candidates in postgraduate courses is the
sole discretion of the government and a student cannot claim it as a
matter of fundamental right.
A three judge bench of Chief Justice K G Balakrishnan, Justice P
Sathasivam and Justice J M Panchal said though a preferential
treatment can be given to the candidates belonging to the reserved and
underprivleged communities, yet, there is no Constitutional obligation
for the Government to fulfil the same.

"Article 15(4) is an enabling provision and the State Government is
the best judge to grant reservation for SC/ST/Backward Class
categories at Post-Graduate level in admission and the decision of the
State of Haryana not to make any provision for reservation at the
Post-Graduate level suffers no infirmity."

"In our view, every State can take its own decision with regard to
reservation depending on various factors," Justice P Sathasivam
writing the judgement observed.

The apex court passed the judgement while dismissing the appeal of a
medical student Gulshan Prakash and others challenging the denial of
reservation benefits to SC/STs in post graduate courses MD/MS/PG
Diploma and MDS offered by Maharshi Dayanand University, Rohtak,
Haryana for Academic Session 2007-2008.

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