IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 12892 of 2010(J) -------------------------- PETITIONER(S): ----------------------- K.SUNILKUMAR,DISTRICT INFORMATION OFFICER,ALAPPUZHA.P.O. BY ADV. SRI.K.V.KUMARAN RESPONDENT(S): ------------------------ 1. SECRETARY TO GOVERNMENT,INFORMATON AND PUBLIC RELTIONS DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. SRI.P.P.CHANDRAN,DISTRICT INFORMATION OFFICER,KANNUR. 3. SRI.K.S.SUDHA,(INFORMATION OFFICER ON DEPUTATION),SECRETARY,VYLOPPILLI SAMSKRITHI BHAVAN,THIRUVANANTHAPURAM. 4. SRI.P.R.BALACHANDRAN,INFORMATION OFFICER (RESEARCH REFERENCE)INFORMATION AND PUBLIC RELATIONS DEPARTMENT,THIRUVANANTHAPURAM. 5. C.R.RAJMOHAN,PROGRAMME PRODUCER, ELECTRONIC MEDIAL,INFORMATION AND PUBLIC RELATION DEPARTMENT,SECRETARIAT ANNEXE,THIRUVANANTHAPURAM. GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 12892 OF 2010 (J) ===================== Dated this the 21st day of May, 2010 J U D G M E N T Petitioner is a member of scheduled caste community. He is an Assistant Information Officer in the Department of Public Relations and claims to be eligible to be promoted to the higher post of Deputy Director. His contention is that there is inadequacy of representation of SC/ST in the higher category of Deputy Directors and that the 1st respondent is not taking steps to fill up the posts by promoting the petitioner giving him the benefit of reservation. 2. Even according to the learned counsel for the petitioner, there is no Rule providing for reservation in the matter of promotion to the aforesaid post. However, learned counsel for the petitioner relies on the judgment of the Apex Court in Avinash Singh Bagri. v. Registrar, IIT Delhi and another {(2009) 8 SCC 220} and submits that it is obligatory on the part of the respondents to provide rules of reservation in the matter of promotion. 3. In my view, this claim is unsustainable. The provisions WPC No. 12892/10 :2 : of reservation as provided in the Constitution is only an enabling provision, and it is for the State to frame rules. As at present, even according to the petitioner, there is no rule providing for reservation, and if that be so, petitioner cannot claim either reservation in the matter of promotion or seek any direction from this Court to compel the legislature or the authorities to frame rules providing for reservation. There is no merit in the writ petition. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp