The state cannot be bound to give reservation in promotion: SC

The SC cleared that State Government cannot be bound to give reservation in promotion. The verdict the was delivered in a case Mukesh Kumar v. State of Uttarakhand in which the court was of the opinion through Article 16(4) and 16 (4A) gave rights to state to make reservation for SC and ST as well as for promotions, but the power rests with the state government and if the government is of the opinion that any section or class of people are not equally represented in the state working then such arrangement can be made by the state.

But the question compelling any state to make such arrangement is not given under the fundamental rights, therefore the court cannot embalm the state to make a reservation in promotion.   

Meanwhile, the issue was lifted in the Lower house of the Parliament in which the opposition asked the Centre Government to file a review petition in the Apex Court against the decision or provide law regarding it.

On behalf of the Centre, the Union minister gave the statement in Lok Sabha that though the centre was not a party to the case still they will study the case and will take all the appropriate actions that are required to clarify the situation.