Express News Service
NEW DELHI: Congress chief Dr Jaya Thakur has approached SC looking for a evaluation of SC’s verdict that upheld the ten% quota granted to EWS in jobs and admissions. The quota was launched by means of the 103rd Constitutional Amendment which had inserted Articles 15(6) and 16(6) within the Constitution.
On November 7, 2022, a five-judge bench of the SC upheld the modification by a 3:2 majority.
Justices Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala had upheld the validity of the decision. Former CJI UU Lalit and Justice SR Bhat had declared the ten% quota as “unconstitutional”.
The Congress chief has sought evaluation in opposition to the bulk verdict delivered by Justices Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala on November 7, 2022.
Justice Dinesh Maheshwari whereas upholding the validity of the modification, in his 154-page judgment had stated the exclusion of the courses lined by Articles 15(4), 15(5) and 16(4) (SEBCs/OBCs/SCS/STS) from getting the advantage of reservation as EWS, being within the nature of balancing the necessities of non-discrimination and compensatory discrimination, didn’t violate Equality Code and didn’t in any method trigger injury to the fundamental construction of the Constitution of India. Justices Trivedi and Pardiwala had concurred with the view taken by Justice Maheshwari. The minority verdict was delivered by former CJI UU Lalit and Justice SR Bhat.
ALSO READ | Tamil Nadu events flip down 10 per cent EWS quota modification
Seeking evaluation, the congress chief has argued 10% reservation supplied to EWS of solely ahead caste was a breach of the equality code amounting to discrimination. The plea additional added that exclusion of SC/ST/OBC is a violation of the correct to equality which the a part of the fundamental construction.
Countering the views taken by judges within the majority, the plea additionally says, “Justice Maheshwari’s finding that the exclusion of SC/ST/OBC from the 103rd Amendment does not violate equality, is completely problematic because the yardstick for the same is one’s economic basis only. Justice [Bela M.] Trivedi, while upholding the 103rd amendment stated that a re-visit into the reservation policy is necessary, which is contrary to her own findings in the judgement. Meanwhile, Justice J.B. Pardiwala’s judgment notes that Dr B.R. Ambedkar wanted to place a time limit on reservations is incorrect.”
Giving an instance of Madhya Pradesh, it has additionally been contended within the plea argues that although OBCs represent greater than 50% of the state’s inhabitants, solely 13% of the posts in state providers and academic establishments are reserved for these communities.
“The reservations for the SC and ST communities are in proportion with their share of the population,” the plea additionally says.
NEW DELHI: Congress chief Dr Jaya Thakur has approached SC looking for a evaluation of SC’s verdict that upheld the ten% quota granted to EWS in jobs and admissions. The quota was launched by means of the 103rd Constitutional Amendment which had inserted Articles 15(6) and 16(6) within the Constitution.
On November 7, 2022, a five-judge bench of the SC upheld the modification by a 3:2 majority.
Justices Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala had upheld the validity of the decision. Former CJI UU Lalit and Justice SR Bhat had declared the ten% quota as “unconstitutional”.
The Congress chief has sought evaluation in opposition to the bulk verdict delivered by Justices Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala on November 7, 2022.
Justice Dinesh Maheshwari whereas upholding the validity of the modification, in his 154-page judgment had stated the exclusion of the courses lined by Articles 15(4), 15(5) and 16(4) (SEBCs/OBCs/SCS/STS) from getting the advantage of reservation as EWS, being within the nature of balancing the necessities of non-discrimination and compensatory discrimination, didn’t violate Equality Code and didn’t in any method trigger injury to the fundamental construction of the Constitution of India. Justices Trivedi and Pardiwala had concurred with the view taken by Justice Maheshwari. The minority verdict was delivered by former CJI UU Lalit and Justice SR Bhat.
ALSO READ | Tamil Nadu events flip down 10 per cent EWS quota modification
Seeking evaluation, the congress chief has argued 10% reservation supplied to EWS of solely ahead caste was a breach of the equality code amounting to discrimination. The plea additional added that exclusion of SC/ST/OBC is a violation of the correct to equality which the a part of the fundamental construction.
Countering the views taken by judges within the majority, the plea additionally says, “Justice Maheshwari’s finding that the exclusion of SC/ST/OBC from the 103rd Amendment does not violate equality, is completely problematic because the yardstick for the same is one’s economic basis only. Justice [Bela M.] Trivedi, while upholding the 103rd amendment stated that a re-visit into the reservation policy is necessary, which is contrary to her own findings in the judgement. Meanwhile, Justice J.B. Pardiwala’s judgment notes that Dr B.R. Ambedkar wanted to place a time limit on reservations is incorrect.”
Giving an instance of Madhya Pradesh, it has additionally been contended within the plea argues that although OBCs represent greater than 50% of the state’s inhabitants, solely 13% of the posts in state providers and academic establishments are reserved for these communities.
“The reservations for the SC and ST communities are in proportion with their share of the population,” the plea additionally says.
