Junior Science Refresher Published this article page no 14 The Uttarakhand High Court directed the state government in 2019 to implement reservations in promotion by promoting only SCs and STs to maintain the quota earmarked for the said categories. More about the Judgement The Court held that Article 16 (4) and 16 (4A) are in the nature of enabling provisions vesting a discretion on the State Government to consider providing reservations if the circumstances so warrant. o Article 16(4) empowers state to make any provision for reservation of appointments in favour of any backward class which in opinion of the State is not adequately represented in the services under State. o Article 16(4A) empowers state to make provisions for reservation in matters of promotion to SCST employees. it is settled law that the state cannot be directed to give reservations for appointment in public posts. The order further adds that the state is not bound to make a reservation for SCs and STs in matters of promotions. o The court said that no mandamus can be issued by the court directing state governments to provide reservations. However if the state wishes to exercise its discretion and make such provision it has to collect quantifiable data showing inadequacy of representation of that class in public services Junior Science Refresher buy.
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