Thursday, March 4, 2010

[ZESTCaste] SC/STs can’t claim quota in promotion

http://www.expressbuzz.com/edition/story.aspx?Title=SC/STs+can%E2%80%99t+claim+quota+in+promotion&artid=gqkvZ0s3OfY=&SectionID=lifojHIWDUU=&MainSectionID=lifojHIWDUU=&SEO=&SectionName=rSY%7C6QYp3kQ=

SC/STs can't claim quota in promotion

Express News Service
First Published : 04 Mar 2010 03:51:00 AM IST
Last Updated : 04 Mar 2010 06:35:38 AM IST

CHENNAI: Members of scheduled castes and scheduled tribes cannot claim
reservation in promotion as a matter of right, the Madras High Court
has held.


Article 16(4) of the Constitution providing for reservation in
promotion was only an enabling provision, Justice K Chandru observed
while dismissing a writ petition from the SC/ST Employees Welfare
Association of the Chennai Petroleum Corporation Limited (CPCL) in
Manali on Wednesday.

It was for the State to make appropriate rules consistent with
Articles 16(4), 16(4A) and 335 of the Constitution by granting due
representation in various posts. If the State wanted to make a
provision, it would have to collect sufficient data showing the
backwardness of the class, the inadequacy of representation of that
class in public employment and the mandatory compliance with Article
335 of the Constitution.

The court could not sit in appeal over the judgment of the State or
the employer and ordain that the particular post be filled by direct
recruitment/promotion and no mandamus could be issued either to
provide for reservation or for relaxation.

The attempt of the petitioner association to enforce a right, which
was neither constitutional nor supported by any law made in this
regard, could not be sustained. Further, as held by the Supreme Court,
the court could not issue a writ in the nature of mandamus directing
the CPCL to fill up a particular post without the Government of India
or the CPCL undertaking an exercise to identify such posts to be
filled up by reservation in promotion. The writ petition was
misconceived and devoid of merits, the judge said, and dismissed it.


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