Mukesh Kumar v State of Uttarakhand Civil Appeal No. 1226 of 2020 [Arising out of S.L.P (Civil) No. 23701 of 2019] - Synopsis
Team SoOLEGAL 2 Sep 2020

In accordance with the rules of reservation for SCs, STs and OBCs, the Supreme Court ruled that state governments are not obligated to fill vacancies. This decision came amidst the appeals made by Mukesh Kumar with regard to SC and ST reservation in promotions for the position of Assistant Engineer (Civil) in PWD. The Uttarakhand State government was refused a direction by the Supreme Court to give these candidates reservations for vacancies. Since it depends upon discretion to make the reservation available. The court has therefore not issued a mandamus writ to give instructions.

This judgment established a settled law that the state government cannot reserve appointments to public posts and does not have any obligation to make reservations on promotional matters for SCs and STs. A person cannot, as a fundamental right, therefore claim reservations. It is the State government's discretion to decide if appointments and promotions require reservations. Reservations were made optional in the judgment. If a state government wants to make reservations in support for SC / STs, the State must gather quantified data showing the class retrospect and inadequacy of the class representation.

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