"I want to tell SC/ST/OBC and Dalits that we'll never let reservations come to an end no matter how much Modi Ji or Mohan Bhagwat dream of it," Rahul Gandhi said.
Congress leader Rahul Gandhi on Monday accused the Bharatiya Janata Pary (BJP) of being against reservations, citing that the party doesn't want SC/STs to progress. This statement comes after the Supreme Court judgment on Sunday which observed that no state government is bound to provide reservation in promotions to SC/STs in public sector jobs.
"BJP & RSS's ideology is against reservations. They never want SC/STs to progress. They're breaking the institutional structure. I want to tell SC/ST/OBC and Dalits that we'll never let reservations come to an end no matter how much Modi Ji or Mohan Bhagwat dream of it," Rahul Gandhi said.
The Congress MP said this in reference to the BJP-ruled Uttarakhand government's arguments in the SC, in a matter which dealt with the issue of the state government`s duty to provide reservation in promotions for government jobs.
Senior BJP leaders, however, defended themselves saying that they do not have a say in Supreme Court's decisions. "The Social Welfare Minister will soon make a statement. Please wait for him to make his statement. Congress party is politicising this sensitive matter," Union Defence Minister Rajnath Singh said.
The apex court on Friday had observed that no state government is bound to provide reservations in promotion for public sector jobs, and further said 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 comprising 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 it 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 the 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.
It is to be noted that 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)
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