By PTI
NEW DELHI: In a major improvement, the Supreme Court Friday stayed the Kerala High Court proceedings on a plea difficult the Centre’s choice to grant 10 per cent reservation in jobs and admissions to candidates of the economically weaker sections (EWS).
A bench comprising Chief Justice N V Ramana and Justices Surya Kant and Hima Kohli additionally issued discover on the plea filed by the Centre looking for switch of the case from the excessive court docket to the apex court docket which had earlier referred to the same case for adjudication to a five-judge Constitution bench.
Solicitor General Tushar Mehta, showing for the Centre, sought a keep on the proceedings earlier than the excessive court docket and a discover to Nujaim PK who had filed the PIL.
The plea mentioned: “The present transfer petition is being filed…under Article ‘139A (1) of the Constitution, seeking the transfer of Civil Writ Petition No.-23872 of 2020 titled as Nujaim P.K.Vs. Union of India 85. Ors, pending before the High Court of Kerala at Ernakulam, to this Court…”
“Writ Petition involves an identical question of law to one pending before this Court, whether the Constitution (One Hundred and Third Amendment) Act, 2019 violates the basic structure of the Constitution of India and is against the basic principle of the constitution”.
The switch of the aforesaid writ petition would allow all these instances to be clubbed and heard collectively and keep away from chance of inconsistent orders being handed by completely different courts, it mentioned.
The switch of petition is important as a result of an identical plea and different related petitions concerning the validity of the Act are pending earlier than this court docket, it added.
The prime court docket had earlier referred to the 5-judge Constitution a batch of pleas and switch petitions difficult the Centre’s choice to grant 10 per cent reservation in jobs and schooling to economically weaker sections and the Act.
The court docket had refused to remain the Centre’s choice.
Lok Sabha and Rajya Sabha cleared the invoice on January 8 and 9, 2019 respectively, and was signed by President Ram Nath Kovind.
The quota will probably be over and above the present 50 per cent reservation to Scheduled Castes, Scheduled Tribes and Other Backward Classes.
Recently, the Madras High Court made an important commentary that the Centre’s notification on grant of 10 per cent quota to the EWS in all-India quota (AIQ) seats of medical schools would require approval of the highest court docket.
A separate bench of the highest court docket later within the day put aside a Madras High Court route that the Centre should search the highest court docket’s approval earlier than implementing 10 per cent reservation for the economically weaker sections (EWS) in all-India quota (AIQ) seats of medical schools.
The apex court docket, nevertheless, made clear that it’s not quashing the complete excessive court docket order handed on August 25 or stating any opinion on its advantage however simply setting apart the observations made with regard to prime court docket’s approval on EWS quota.
