The Supreme Court on Sunday stated that no state government is bound to provide reservation to SC/STs in public sector jobs and promotions, and further opined that there is "no fundamental right which influences an individual to claim reservation in promotions."

"In view of the law laid down by this Court, there is no doubt that the State Government is not bound to make reservations. There is no fundamental right which inheres in an individual to claim reservation in promotions. No mandamus can be issued by the Court directing the State Government to provide reservations," a bench compromising Justices L. Nageswara Rao and Hemant Gupta stated.

The Supreme Court observed that the necessity for relevant data collection regarding the representation of SC/STs in public jobs is required for providing reservations, however, it is not mandatory if the state government decides not to provide reservations. The Apex Court observed that the discretion for providing reservations lie solely with the state government.

"The State is not bound to make reservations for Scheduled Castes and Scheduled Tribes in matters of promotions", the court stated, adding that state cannot be issued directions to provide reservations for appointment in public posts.

However, the court observed that if the state government does decide to provide reservations to SCs/STs, then the state government should collect "quantifiable data", which shows that the community is underrepresented in the state services.

The bench cited Article 16(4) and 16(4-A) are enabling provisions and the collection of quantifiable data showing inadequacy of representation of Scheduled Castes and Scheduled Tribes in public service is a "sine qua non for providing reservations in promotions."

"Even if the under-representation of Scheduled Castes and Schedules Tribes in public services is brought to the notice of this Court, no mandamus can be issued by this Court to the State Government to provide reservation." the court added.

The ruling of the apex court comes in response to a batch of petitions connected with reservation to Scs and STs in promotions in the posts of Assistant Engineer (Civil) in Public Works Departments under the government of Uttarakhand. 

Uttarakhand government on September 5, 2012, decided to fill up all posts in public services in the state without providing reservations to Scheduled Castes and Scheduled Tribes.

The Supreme Court judgement overturns the Uttarakhand High Court order which directed the state to provide quotas to the SC/STs communities.

(With ANI inputs)