TS asked to respond on BC panel issue
Amendment of the Telangana Commission for BC Act, 2016 challenged
The Hyderabad High Court on Wednesday sought to know the stand of the Telangana government on two petitions challenging the action of the Telangana government in amending the Telangana Commission for Backward Classes (Amendment) Act, 2016, to constitute the Telangana Backward Classes Commission and also in the appointment of BS Ramulu as its chairman.
A division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice Shameem Akhter was hearing petitions by M. Raghavender, a post graduate student and K Ravinder, a local citizen.
L Ravichander, senior counsel appearing for the petitioners, submitted before the court that the Telangana government has adopted the AP Backward Commission Act and brought out certain amendments to constitute the commission and appoint a chairman from either social activists or persons working for the cause of the backward classes.
He contended that the action of the state government was offending Article 14 of the Constitution and it was contrary to the judgment of the Supreme Court in the case of the Indra Sawhney vs. Union of India.
The aim of the apex court is to ensure that the appointment of chairman to the commission shall not be corrupted by any political influence.
Noting that the earlier commissions were headed by retired judges, he argued that the person heading the commission has to be well-versed in law. “The government has failed to follow procedure for appointment of chairman, as the present chairman is not falling in the category of ‘eminent person’ as defined in the act.”
While issuing notices to the state government, the BC Commission chairman, the law secretary, the secretary to BC welfare and others, the bench granted four weeks’ time to file counter-affidavits.
THE TELANGANA government has adopted the AP Backward Commission Act and brought out certain amendments to constitute the commission.
THE EARLIER commissions were headed by retired judges. The action of the state government was offending Article 14 of the Constitution and it was contrary to the judgment of the SC.