Reservation for SC/ST and OBC in Govt Jobs is not against the Constitution
Though there is Constitutional Provisions for reservation for SC/ST and OBC in Govt jobs, Many of them might have come across the questions raised about the reservation policy many times.Mainly the only question asked was ” The clause 1 and 2 of Article 16 states that no discrimination can be made on the basis of“caste” in employment. In other words any discrimination based on caste is prohibited by the Constitution. How then, there is a reservation and concessions in Government jobs for Scheduled Castes and Tribes?
For assuring equality of opportunity in public employment by Article 16 (1), it may well be necessary in certain situations to treat unequally situated persons unequally.Because the persons belongs to Socially, Economically and Politically Backward classes cannot be considered as equal in the matter of competing for appointments. Thus to provide them the Equality of opportunity, the reservation policy evolved.
The Article 16 and its sub clauses 1,2,3,4,4A,and 4B and 335 of our Constitution provides benefit of Reservation to SC/ST and OBC for appointment and to SC/ST in Promotion in Government services
what Does Article 16 and its sub clauses 1,2,3,4,4A,and 4B and 335 of our Constitution says in the matter of Reservation..?