NEW DELHI: The Supreme Court on Friday agreed to examine pleas challenging Centre’s decision to grant 10 per cent quota in jobs, education to poor in general category in four weeks.
A bench comprising Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna issued notice to the central government on various petitions challenging the validity of the 103 Constitutional Amendment Act which paved the way for grant of quota to poor belonging to general category class.
“We are examining the matter and hence issuing notice returnable within four weeks,” the bench said.
The bench, however, did not stay the operation of the Centre’s decision granting quota to the poor in the general category.
Various pleas challenging the Centre’s decision to grant 10 per cent quota to economically weaker people of general category in jobs and education were filed in the Supreme Court. The petitioners include Janhit Abhiyan, Youth For Equality organisation, Kaushal Kant Mishra, businessman Tehseen Poonawalla as well as DMK which filed a petition in Madras HC.
The plea challenging the Constitution (103 Amendment) Act, 2019 filed by businessman Tehseen Poonawalla sought the quashing of the bill saying that backwardness for the purpose of reservation cannot be defined by “economic status alone”.
It referred to the 1992 nine-judge bench verdict, also known as Mandal case, and said it was laid down that the overall reservation cannot exceed 50 per cent but the recent Bill has breached that, taking the limit to almost 60 per cent.
The petition, filed by Youth For Equality organisation and Kaushal Kant Mishra, sought the quashing of the bill saying that the economic criterion cannot be the sole basis for reservation.
The DMK organising secretary R S Bharathi had said that to provide reservation solely on economic criteria “offends the basic structure of the Constitution.”
Lok Sabha and Rajya Sabha cleared the Bill on January 8 and 9 respectively and it was also been signed by President Ram Nath Kovind.
Source: Times of India