Reservation in Promotions: Supreme Court Ruling in Mukesh Kumar v. State of Uttarakhand

The case of Mukesh Kumar & Anr. v. The State of Uttarakhand & Ors. deals with the issue of reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) in promotions in government services. The Supreme Court examined whether the State is obligated to provide such reservations and whether it must collect quantifiable data before deciding not to grant them.

The case arose after the State of Uttarakhand issued a notification on 05.09.2012, deciding to fill all promotional posts in public services without providing reservations for SCs and STs. The High Court struck down this decision, holding that the State was required to collect quantifiable data before making such a determination. The State of Uttarakhand, along with other petitioners, appealed this ruling before the Supreme Court.

Arguments by the Petitioner

The State of Uttarakhand, represented by senior counsel, contended that the Constitution does not mandate reservations in promotions and that Articles 16(4) and 16(4-A) are merely enabling provisions. They argued:

“There is no fundamental right to claim reservations in appointments or promotions to public posts. The State is not obligated to provide such reservations.”

They further argued that since the State had decided not to grant reservations, there was no requirement to collect quantifiable data.

Arguments by the Respondent

The respondents, representing reserved category employees, argued that the State must collect data before deciding not to grant reservations. They contended:

“The right to equality of Scheduled Castes and Scheduled Tribes cannot be defeated by the State Government refusing to collect data. The State must determine whether these communities are adequately represented in public posts before denying reservations.”

They also pointed out that a committee had already collected data showing inadequate representation of SCs and STs in Uttarakhand government services.

Supreme Court’s Analysis

The Supreme Court held that while the State can grant reservations in promotions, it is not obligated to do so. It stated:

“Article 16(4) and 16(4-A) do not confer a fundamental right to claim reservations in promotion. The State is not required to justify its decision not to grant reservations based on quantifiable data.”

The Court clarified that collecting quantifiable data is necessary only when a State decides to implement reservations, not when it decides against them.

Final Verdict

The Supreme Court set aside the High Court’s decision, ruling that the State of Uttarakhand was not required to collect quantifiable data before deciding not to grant reservations in promotions. The judgment reaffirmed that reservation in promotions is not a constitutional obligation but a policy choice of the State.

Petitioner Name: Mukesh Kumar & Anr..
Respondent Name: The State of Uttarakhand & Ors..
Judgment By: Justice L. Nageswara Rao, Justice Hemant Gupta.
Place Of Incident: Uttarakhand.
Judgment Date: 07-02-2020.

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