SC: Reservation not a matter of right

The Supreme Court has ruled that no citizen of India can claim reservation either in jobs or in admission to educational institutions as a matter of right and reservation cannot be given at the cost of efficiency in administration and governance as per Article 335 of the Constitution. A bench comprising Justices S B Sinha and Cyriac Joseph in their judgments also said the reservation is a concession given to disadvantaged class of people as per Article 15 and 16 of the Constitution but the concession can be given in line with Article 335 of the Constitution which lays down that efficiency in administration and governance can not be lost sight of. The apex court also held the ‘reservation of women and handicapped people and others is on a horizontal basis. Reservation to this category of candidates has to be given irrespective of class or category. Ultimately, the constitutional scheme is to select candidates who would be able to serve society and discharge the functions attached to the office. Vacancies are not filled up by way of charity. Emphasis has been laid innumerable times on selecting candidates or students based upon their merit in each category. The disadvantaged group or socially backward people may not be able to compete with the open category people but that would not mean they would not be able to pass the basic minimum criteria laid down therefore.’ The apex court further noticed, ‘The Constitution lays down both for protective discrimination as also affirmative action. Reservations of posts for the disadvantaged class of people as also seats in educational institutions are provided for by Articles 15 and 16 of the Constitution. Reservations made for the members of Scheduled Class (SC)/ Scheduled Tribe (ST) and Other Backward Classes (OBC’s), however, is subject to Article 335 of the Constitution. Concernedly, no citizen of India can claim reservation as a matter of right. The provisions contained in Article 15 and 16 of the Constitution are merely enabling provisions. No writ of or in the nature of mandamus (positive directions) thus could be issued.’ Justice Sinha writing a thirty-five page judgment of the bench, allowed the appeal of Andhra Pradesh Public Service Commission against the judgment of the AP High Court dated July 23, 2008 holding that reservation to SC/ST’s and OBC’s should be provided from the preliminary stage during recruitment in state services in group one and two categories.

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