SURESH CHAND GAUTAM versus STATE OF UTTAR PRADESH & ORS.

SURESH CHAND GAUTAM versus STATE OF UTTAR PRADESH & ORS.

A writ of mandamus cannot be issued to direct the State or its functionaries to collect data as a condition precedent to exercise discretion under enabling provisions for reservation in promotion; there is no constitutional duty to make such reservation, and the relief sought would enter the legislative domain.

Parties
Petitioner: Suresh Chand Gautam; Respondents: State of Uttar Pradesh & Ors.
Jurisdiction
India
Judgment Date
11 March 2016
Procedural Posture
Writ Petition (civil) / Final Decision
Outcome
Writ Petitions dismissed
Legal Topics
Reservation in Promotion, Scheduled Castes and Scheduled Tribes, Mandamus, Quantifiable Data, Article 16(4 A), Article 16(4 B), Article 335
Constitutional Law Reservation in Promotion Scheduled Castes and Scheduled Tribes Mandamus Quantifiable Data Article 16(4 A) Article 16(4 B) Article 335

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Parties

Suresh Chand Gautam

Petitioner

State of Uttar Pradesh & Ors.

Respondents

Procedural Posture

Writ Petition (civil) / Final Decision

Legal Issues

  1. 1 Whether a writ or direction can be issued to the State Government to collect and gather necessary quantifiable data of SC and ST in the services of the State for granting reservation in promotion

Ratio Decidendi

A writ of mandamus cannot be issued to direct the State or its functionaries to collect data as a condition precedent to exercise discretion under enabling provisions for reservation in promotion; there is no constitutional duty to make such reservation, and the relief sought would enter the legislative domain.

Court Disposition

Writ Petitions dismissed

Orders

  • Writ Petitions stand dismissed; no order as to costs