Courts can’t direct States on fixing quota percentage: Supreme Court [Read Judgment]

 

The Apex Court has ruled that Constitutional Courts cannot direct the states to earmark a certain per cent of the reservation to any category in admissions to government-run institutions or jobs & quashed a Punjab and Haryana High Court verdict directing a 3% sports quota in admissions to medical & dental institutions in the state.

The Punjab Govt had challenged the High Court’s direction to provide for a 3% quota in admissions to MBBS & BDS courses in government medical & dental colleges in place of 1% reservation provided by the state, which has a large number of sportspersons. Allowing the appeal, the Supreme Court agreed that the High Court could not have altered the quota percentage provided by the state for persons under sports category & quashed the order.

A bench of Justice M R Shah & Justices B V Nagarathna said a constitutional court cannot even direct reservation percentage for SCs & STs. “Even if under-representation of Scheduled Castes and Scheduled Tribes in public services is brought to the notice of the court, no mandamus can be issued by the court to the state government to provide for reservation,” it said.

Writing the judgment, Justice Shah said, “In so far as making of provisions for reservation in matters of promotion to any class/classes ofpost is concerned, such a provision can be made in favour of SC/ST category employees if in the opinion of the state they are not adequately represented in services under the state.”

The Supreme Court said Article 15(4) of the Constitution is an enabling provision & the state government is the best judge to grant reservation for SC/ST/backward categories. Any policy & the decision of the state not to make any provision for reservation suffers from no infirmity & that every state can take its own decision with regard to reservation depending on various factors, it said.

 On the High Court judgment directing 3% sports quota, the bench said, “So far as the directions issued by the HC directing the state to provide for 3% reservation/quota for sportspersons, instead of 1% provided by the state is concerned, it appears from the impugned judgment & order passed by the high court that it has issued the said direction considering the Sports Policy, 2018. It is true that as per clause 8.11(v), 3% reservation for sportspersons has been provided.”It said that “However, it is to be noted that clause 10 permits/allows any other department to have specific policy providing for reservation for sportspersons other than 3%. Thereafter the state government has issued an order on July 25, 2019 providing for 1% reservation/quota for sportspersons. The said order has been issued & 1% reservation/quota for sportspersons is provided after taking into consideration the Sports Policy, 2018. Therefore, a conscious policy decision has been taken by the state government to provide for only 1% reservation/quota for sportspersons".

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(With input from news agency language)

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