Chennai:
The Supreme Court today issued a notice to Tamil Nadu government on a petition challenging the constitutional validity of the 69 per cent reservation by the state government in employment and educational institutions. The petition, filed by students, challenged the government's decision to exceed the 50 per cent limit in reservation mandated by the Mandal Commission judgement.
The Tamil Nadu government will have to file its reply within two weeks and the case will be taken up again on September 24. On that day, the Supreme Court will also decide on the interim plea for increasing the seats in professional colleges to accommodate meritorious students who are likely to be affected by the 69 per cent reservation.
The ten student petitioners from Tamil Nadu had approached the Court after failing to secure admission to the Medical College despite having secured 198/200.
In July 2010, the Supreme Court, while disposing of a petition filed in 1994 challenging the 69 per cent quota law by Tamil Nadu, directed the state to assess the justifiability of the quota by State Backward Classes Commission. The petition said the Commission without any objective criteria confirmed the 69 per cent quota on the basis of 1985 report.
The state by exceeding the 50 per cent restriction on reservation and its failure to identify the creamy layer among the backward classes in the State has affected the meritorious students by denying them admission to a professional college, the petition stated.
For 16 years, the Supreme Court had directed the Tamil Nadu government to create more seats to accommodate those affected by the 60 per cent quota. No further directions were offered by the court after 2010.
The petition wants the Supreme Court to pass orders to create extra seats till the judgement on the validity of 69 per cent reservation is passed.
The Tamil Nadu government will have to file its reply within two weeks and the case will be taken up again on September 24. On that day, the Supreme Court will also decide on the interim plea for increasing the seats in professional colleges to accommodate meritorious students who are likely to be affected by the 69 per cent reservation.
The ten student petitioners from Tamil Nadu had approached the Court after failing to secure admission to the Medical College despite having secured 198/200.
In July 2010, the Supreme Court, while disposing of a petition filed in 1994 challenging the 69 per cent quota law by Tamil Nadu, directed the state to assess the justifiability of the quota by State Backward Classes Commission. The petition said the Commission without any objective criteria confirmed the 69 per cent quota on the basis of 1985 report.
The state by exceeding the 50 per cent restriction on reservation and its failure to identify the creamy layer among the backward classes in the State has affected the meritorious students by denying them admission to a professional college, the petition stated.
For 16 years, the Supreme Court had directed the Tamil Nadu government to create more seats to accommodate those affected by the 60 per cent quota. No further directions were offered by the court after 2010.
The petition wants the Supreme Court to pass orders to create extra seats till the judgement on the validity of 69 per cent reservation is passed.
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