The Supreme Court on Friday refused to ‘lay down any yardstick’ for granting reservation in promotion to Scheduled Castes and Scheduled Tribes in Government jobs saying determination of their inadequate representation is the discretion of the State.
The top court said it is neither legal nor proper for the Courts to issue directions or advisory sermons to the executive in respect of the sphere which is exclusively within their domain under the Constitution."Determination of inadequate representation of SCs and STs in services under a State is left to the discretion of the State, as the determination depends upon myriad factors which this Court cannot envisage..."Laying down of criteria for determining the inadequacy of representation would result in curtailing the discretion given to the State Governments", a three-judge bench headed by Justice L Nageswara Rao said.