NEW DELHI: The Supreme Court on Friday stayed the proceedings before the Kerala HC on a PIL challenging the validity of the 103rd Constitution Amendment Act, 2019 providing for 10% reservation in jobs and admissions to government educational institutions to economically weaker sections.
Solicitor General Tushar Mehta informed a bench headed by CJI N V Ramana that when the SC is seized of the issue, it would not be appropriate for the Kerala HC to proceed with the same exercise in parallel proceedings. The bench issued notice to PIL petitioner Nujaim PK and stayed the proceedings before the HC.
On November 5 last year, the Ernakulam bench of the HC had admitted for consideration Nujaim’s petition challenging the validity of the 103rd Constitution Amendment Act, 2019, and the corresponding amendment to the state rules done by the Kerala government on October 23 last year.
On August 5 last year, a three-judge bench of the SC had accepted the Centre’s request to transfer all similar cases pending in various HCs challenging the 10% EWS reservation to the Supreme Court and also referred the matter to a five-judge bench, saying that the petitions raised a substantial question of law having great importance. Even after more than a year, the SC is yet to constitute a five-judge Constitution bench to hear the nearly three dozen petitions.
The Centre sought the transfer of the case before Kerala HC to the SC.
The petitioners had challenged the 10% EWS quota in government jobs and admission to educational institutions on the ground that it breached the 50% ceiling on reservation put by the SC in its 1992 judgment in Indra Sawhney case (Mandal case).
However, the Centre has maintained that the argument about 50% cap on reservation is “fallacious” as the ceiling laid down by the apex court is not binding and in view of the constitutional amendment to provide quotas in jobs and education meant to socially uplift nearly 200 million poor people.
Solicitor General Tushar Mehta informed a bench headed by CJI N V Ramana that when the SC is seized of the issue, it would not be appropriate for the Kerala HC to proceed with the same exercise in parallel proceedings. The bench issued notice to PIL petitioner Nujaim PK and stayed the proceedings before the HC.
On November 5 last year, the Ernakulam bench of the HC had admitted for consideration Nujaim’s petition challenging the validity of the 103rd Constitution Amendment Act, 2019, and the corresponding amendment to the state rules done by the Kerala government on October 23 last year.
On August 5 last year, a three-judge bench of the SC had accepted the Centre’s request to transfer all similar cases pending in various HCs challenging the 10% EWS reservation to the Supreme Court and also referred the matter to a five-judge bench, saying that the petitions raised a substantial question of law having great importance. Even after more than a year, the SC is yet to constitute a five-judge Constitution bench to hear the nearly three dozen petitions.
The Centre sought the transfer of the case before Kerala HC to the SC.
The petitioners had challenged the 10% EWS quota in government jobs and admission to educational institutions on the ground that it breached the 50% ceiling on reservation put by the SC in its 1992 judgment in Indra Sawhney case (Mandal case).
However, the Centre has maintained that the argument about 50% cap on reservation is “fallacious” as the ceiling laid down by the apex court is not binding and in view of the constitutional amendment to provide quotas in jobs and education meant to socially uplift nearly 200 million poor people.
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