New Delhi: The Supreme Court has decided that the Constitutional Court cannot direct the countries to register certain percent reservations into any category in revenue to institutions or employment managed by the government and canceling Vandini Punjab and Haryana HC directing a 3% sports quota at the acceptance to the institution Medical and teeth in the state.
The Punjab government has challenged the direction of HC to provide a 3% quota in receipt to MBBS and BDS courses in government medical and dental colleges at the 1% booking place provided by the state, which has many sportsmen.
Allowing appeal, SC agreed that HC cannot change the percentage of quotas provided by the state for people under the sports category and cancel orders.
Judge M R Shah and B V Nagaratha said the Constitutional Court could not even direct the percentage of reservations for SCS and STS.
“Even if the lack of representation of the scheduled castes and tribes scheduled in public services is taken to court notices, there is no mandamus that can be issued by the court to the state government to provide reservations,” he said.
Writing Judgment, Judge Shah said, “As far as making provisions for ordering in terms of promotion to each class / classes concerned, such provisions can be made to support SC / St.
employees.
Their countries are not adequately represented in services under the state.” SC said Article 15 (4) Constitution is an enabling provision and the state government is the best judge to provide reservations for the SC / ST / Backward category.
Each state policy and decision not to make provisions for reservations suffer from weakness and that each country can make its own decisions regarding reserves depending on various factors, he said.
In the HC assessment directing a 3% sports quota, Bench said, “So far being issued by HC directing the country to provide a 3% reservation / quota for sportsmen, not 1% provided by the state, it arises from the assessment and order that is revealed by the court He high that he had issued the direction considering sports policy, 2018.
It is true that in accordance with clauses 8.11 (V), 3% reservation for sportsmen has been provided.
“” However, it should be noted that 10 permissions / enabling clauses / allows the department to have a specific policy which provides reservations for sportsmen other than 3%.
After that the state government has issued orders on July 25, 2019 which provides 1% quota / quota for sportsmen.
The order has been issued and 1% quota for sportsmen is provided after considering sports policy, 2018 .
Therefore, the conscious policy decision has been taken by the government State to provide only 1% reservation / quota for sportsmen.
“That said.
Courts cannot direct the country to improve the percentage of quotas: the Supreme Court
