Junior Science Refresher Published this article page no 16 To interpret the obligations of the state purely from the textual foundations of Article 16 is not an appropriate approach. Fundamental rights are not isolated provisions and ought to be looked into as an interconnected whole. As there are less avenues for the direct appointment in higher posts reservations play a major role for the representation of backward classes in higher posts. o According to a Parliament reply last year only one of the 89 secretaries posted at the Centre belonged to the SC while three belong to the ST. The court order may go against the substantive equality in higher posts. The Supreme Court is not wrong in saying that a writ of mandamus cannot be granted by any court in order to enforce an enabling provision. The writ of mandamus is issued only to compel an authority to discharge a binding duty. Conclusion It is a settled principle of law that a discretionary power cannot be exercised in a fickle manner. Simply because the exercise of a power is optional for the government does not mean that it can be exercised in a whimsical manner. Article 14 of the Indian Constitution has been interpreted to prohibit all kinds of arbitrary decisions by the government. Thus the courts are entitled to examine if a discretionary power has been exercised in a judicious manner Junior Science Refresher buy.
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