Supreme Court junks PIL seeking reservation in NGOs, autonomous bodies receiving govt aid, grants

The Supreme Court has refused to entertain a PIL seeking reservation in voluntary organisations and autonomous bodies receiving grants-in-aid from the Centre, saying it was a policy matter to be decided by the government.

"It goes without saying that the prescription of reservation in any particular organisation, conditionally or unconditionally, is the prerogative of the policymakers. It may not be prudent for this court to express any opinion in relation thereto,” a Bench led by Justice Surya Kant said.

The Bench, however, gave liberty to petitioner Saurav Narayan and three others to make a representation to the government.

"We have no reason to doubt that the authorities concerned shall consider the representation in accordance with government policy, if any", it said on November 3.

On behalf of the petitioners, senior counsel S Muralidhar submitted that instructions were being mechanically issued by the Department of Personnel and Training (DoPT) for the last 50 years, without the same being complied with. The last such instruction was issued last year, he said.

"The petitioners have, without giving reasonable time to the authorities for consideration of that representation, have approached this court with the instant writ petition...It seems to us that the petitioners ought to have made a comprehensive representation with some definite information with respect to 1-2 organisations, maybe on pilot basis. Based upon such information, they could have impressed upon the authorities to consider the entire issue," the Bench stated.

Pointing out that as far back as on 30.09.1974 and 07.10.1974, executive instructions were issued for suitable action to provide reservation in autonomous organisations/bodies receiving grant-in-aid from the government, the PIL demanded implementation of reservation in all such bodies receiving government aid.

The Bench, however, said it may not be correct to say that instructions were issued in 2024, since what was issued in 2024 just a compendium of all previous instructions.

The petitioners could have first made a comprehensive representation to the Centre with a list of organisations/societies receiving grants-in-aid which did not implement reservation and should have asked the government to stop aid to such bodies, instead of asking for quota.