Case Comment on Mukesh Kumar & Ors. v. State of Uttarakhand (Analysis of reservation in promotion)

Authors: Anant Bajpai, Student, Centre for Legal studies, GIBS, GGSIPU, Delhi and Anurag Kumar Tewari, Student, D.E.S SHRI NAVALMAL FIRODIA LAW COLLEGE, PUNE, India


Abstract Reservation is a phenomenon of reserving or keeping back of seats for disadvantageous groups in employment, education, promotion, and politics, it is also known as positive discrimination. The issue of reservation has been in the centre of discussion in Indian society from its very inception. The reservation in promotion has been an issue from the very beginning which has been fiercely opposed by the upper caste sections of the society. The authors in this case commentary endeavours to explain the concept of reservation in promotion and its forgone history in lights of various judicial decisions. The authors in this case commentary have tried to analyse the journey of a promotion-based reservation. The current case commentary is based on the current judgment that had been delivered by the honourable Supreme Court related to promotion in the reservation. The court in its latest judgment has busted the notion that state can be mandated for enforcing reservation in society and has held that “the power to direct the state government to grant reservations at a specific level to specific communities is a dangerous move in itself”. The framers of the Indian constitution aimed at creating a casteless society. They aimed at uplifting the downtrodden and weak section of the society thereby providing them with a dignified life by focusing upon their education, employment and social designation. Therefore, it becomes necessary to understand the concept of reservation in promotion, its origin and current judgment of the supreme court in the regards of the Indian constitution. Through this case commentary, the authors have attempted to explain the concept, government regulations and judicial contentions and decision in purview of Indian constitution.

Keywords: Reservations, Promotions, Role of State Government, Public Post.


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