New Delhi: Bhim Army Chief Chandra Shekhar Azad moved the Supreme Court on Tuesday seeking a review of the top court's order that said state governments are not bound to provide reservation in promotions in public services.

The Supreme Court, in its 7 February order, had said there is "no fundamental right which inheres in an individual to claim reservation in promotions".

The case pertains to reservations to Scheduled Castes and Scheduled Tribes in promotions in the posts of assistant engineer in Public Works Department, Government of Uttarakhand. The apex court had set aside the high court’s order.

“No mandamus can be issued by the Court directing the State Government to provide reservations," a bench, comprising Justices Nageswara Rao and Hemant Gupta, had said.

The main issue for consideration in the appeals was whether the state government was bound to make reservations in public posts and whether the decision by the state government not to provide reservations can be only on the basis of quantifiable data relating to adequacy of representation of persons belonging to Scheduled Castes and Scheduled Tribes.

“... It is for the State Government to decide whether reservations are required in the matter of appointment and promotions to public posts. ... The State can form its own opinion on the basis of the material it has in its possession already or it may gather such material through a Commission/Committee, person or authority," the order said.


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