Extract of the judgement :
14. The High Court observed that Article 16 (4) and 16 (4-A) of the Constitution are enabling provisions, and the State Government is not obligated to provide reservations in promotion in favour of members of the Scheduled Castes and Scheduled Tribes. The High Court expressed its opinion that reservation in promotion to public posts can be provided by the State Government only after collecting data regarding the inadequacy of their representation in service.
17. We are in agreement with the decision of this Court in Suresh Chand Gautam (supra) in which it was held that no mandamus can be issued by the Court to the State to collect quantifiable data relating to adequacy of representation of the Scheduled Castes and Scheduled Tribes in public services.
17. We are in agreement with the decision of this Court in Suresh Chand Gautam (supra) in which it was held that no mandamus can be issued by the Court to the State to collect quantifiable data relating to adequacy of representation of the Scheduled Castes and Scheduled Tribes in public services.
19. In view of the aforesaid, the impugned judgments of the High Court in Writ Petition (S/B) No.351 of 2019, Writ
Petition (S/B) No.117 of 2019 and Review Application No.389of 2019 in Writ Petition (S/B) No.117 of 2019 are set aside.
20. The Appeals are disposed of accordingly.
.……..........................J.
[L. NAGESWARA RAO]
…...…….....................J.
[HEMANT GUPTA]
New Delhi,
February 07, 2020
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