New Delhi: Supreme court Proceedings were suspended on Friday Kerala HC on a Public interest litigation Challenging the validity of the 103rd Constitutional Amendment Act, 2019, provides for 10% reservation in jobs and admission in government educational institutions for economically weaker sections.
solicitor General Tushar Mehta informed a bench headed by CJI NV Ramana that when the issue is considered by the SC, it would not be appropriate for the Kerala HC to proceed with the same exercise in parallel proceedings. Bench issues notice to PIL Nuzaim PK and stayed the proceedings before the HC.
Last year on November 5, Ernakulam The HC bench had admitted to consider Nuzam’s plea challenging the validity of the 103rd Constitutional Amendment Act, 2019 and related amendments to the state rules made by the Kerala government on October 23 last year.
On August 5 last year, a three-judge bench of the SC accepted the Centre’s request to transfer all similar cases pending in various HCs challenging the 10% EWS reservation to the Supreme Court and referred the matter to a five-judge bench. was also sent to the back of Having said that the petitions raised a great question of great importance of the law. Even after more than a year, the SC is yet to constitute a five-judge Constitution Bench to hear about three dozen petitions.
The Center sought transfer of the matter to the Supreme Court before the Kerala High Court.
The petitioners had challenged the 10% EWS quota in government jobs and admission to educational institutions on the ground that it had violated the 50% ceiling on reservation imposed by the SC in its 1992 judgment in the Indra Sawhney case (Mandal case) .
However, the Center has said that the argument about 50% cap on reservation is “misleading” as the limit set by the apex court is not binding and given the constitutional amendment to provide quota in jobs and education for socially upliftment. 200 million poor people.
solicitor General Tushar Mehta informed a bench headed by CJI NV Ramana that when the issue is considered by the SC, it would not be appropriate for the Kerala HC to proceed with the same exercise in parallel proceedings. Bench issues notice to PIL Nuzaim PK and stayed the proceedings before the HC.
Last year on November 5, Ernakulam The HC bench had admitted to consider Nuzam’s plea challenging the validity of the 103rd Constitutional Amendment Act, 2019 and related amendments to the state rules made by the Kerala government on October 23 last year.
On August 5 last year, a three-judge bench of the SC accepted the Centre’s request to transfer all similar cases pending in various HCs challenging the 10% EWS reservation to the Supreme Court and referred the matter to a five-judge bench. was also sent to the back of Having said that the petitions raised a great question of great importance of the law. Even after more than a year, the SC is yet to constitute a five-judge Constitution Bench to hear about three dozen petitions.
The Center sought transfer of the matter to the Supreme Court before the Kerala High Court.
The petitioners had challenged the 10% EWS quota in government jobs and admission to educational institutions on the ground that it had violated the 50% ceiling on reservation imposed by the SC in its 1992 judgment in the Indra Sawhney case (Mandal case) .
However, the Center has said that the argument about 50% cap on reservation is “misleading” as the limit set by the apex court is not binding and given the constitutional amendment to provide quota in jobs and education for socially upliftment. 200 million poor people.
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