Mukesh Kumar v.​​ The State Of Uttarakhand​​ 2020 | Current Affairs & General Knowledge - CLAT PDF Download

Judgement Date - 7 February, 2020

Appellant - Mukesh Kumar &Anr

Respondent - The State Of Uttarakhand &Ors.

Bench/Judges - L. Nageswaro Rao, Hemant Gupta

Acts Involved - Constitution Of India- Articles 16, 16(4) And 16(4a)

Important Sections - National Commission For Backward Classes Act, 1993- Section 3(1) And Section 3 (7)

Introduction

• The phrase ‘reservation policy’ has been used for a long period of time to ensure that each segment of society and community can stand on its own two feet and move away from inequality. To maintain this status, the Indian Constitution has taken many actions, including several mandates and several rulings made by the Indian Judiciary. 
• Reservation has always been a priority for both the Central and State governments in India's democracy. Although it has been several years since our independence, our society continues to lag far behind in terms of equality. 
• By granting reservations to members of our disadvantaged groups who have endured a great deal in terms of discrimination, untouchability, and a lack of basic necessities, we are able to alleviate some of their suffering.

Related Provisions

• Article 16(1) of The Constitution of India 1949
• The article's primary purpose is to promote equality of opportunity and employment in public offices.
• Article 16(4) of The Constitution of India 1949
• Through this article, the state establishes reservation and some fixed positions for the country's backward classes, which the state believes are underrepresented in state-run public services.
• Article 16(4A) of The Constitution of India 1949
• This provision enables the state to grant reservations for SC/ST in terms of promotion and employment if they consider they are underrepresented in our government services.

Issues in It

• Whether the state is clear to provide reservation in public post to the candidates of SC/ST or not?
• Is it suitable to give reservations to these classes?
• The right to claim reservation is a fundamental right or not?
• Can the State Government's decision not to provide reservations be based solely on measurable evidence regarding the representation's sufficiency?

Facts

• A few years ago, the Supreme Court was hearing a case in which the government of Uttarakhand took certain acts that have now become a source of contention. The Uttarakhand government has decided to take up all public service positions and has also chosen to do so without making any reservations for SC/ST candidates for promotions to the position of Assistant Civil Engineer in the Public Works Department of the Uttarakhand government. 
• All of this was accomplished on September 5, 2012. In April 2019, in response to an appeal to this judgement, the High Court vacated the September 5, 2012 proceedings.

Judgement

• A bench comprising L Nageswara and Hemant Gupta made a group to make an appeal for challenging the Uttarakhand High Court rulings concerning reservation to the contestants of the SC/STs in the public work. 
• The Supreme Court held that the State Government is not vault to make reservations in the public post for the promotions when you are the member of SC/ST. The Supreme Court ruled that the State Government is not entitled to create reservations in public jobs for members of the SC/ST. 
• Further The Supreme Court held that no one has the right to request a reservation for advancement to public office because this is not a basic right. Even if the court grants mandamus to the State Government for giving reservation in public works, the state will exercise prudence in providing reservation.

Critical Analysis

• In a country like India, where various types of people are present in terms of religion, caste, creed, sex, and population, the Indian Constitution can also be altered numerous times. Thus, the judgement states that the state should likewise be required to demonstrate its reservation decisions if they are challenged in court. 
• As the state government should collect data in order to make preparations for reservation, not when the government decides not to grant SC/ST quotas. If the government genuinely cares or is concerned about the SC/ST, they can make any reservation or alter the constitution on their own.