No admissions under EWS quota in Gujarat
Stay on HC order on 10 pc quota for poor to continue: SC
The Supreme Court on Monday admitted a Gujarat Government’s petition for hearing on August 29 challenging a High Court verdict quashing its ordinance on 10% quota in admissions and government jobs for the economically backwards among the unreserved category, including the agitating Patel community.
It, however, put a rider of no admissions under the Economically Weaker Section (EWS) category. A three-judge bench comprising of Chief Justice T S Thakur and Justices A M Khanwilkar and D Y Chandrachud thus endorsed the High Court’s stay of its own verdict by a fortnight on the state government’s undertaking not to make any admissions on the basis of 10% reservation.
Also before the Apex Court were the petitions challenging the ordinance by petitioners Dayaram Verma, Ravjibhai Manani, Dulari Basarge and the Gujarat Parents’ Association. The ordinance had reserved 10% seats for those with family income cap of Rs 6 lakh annually in government jobs and educational institutions.
The High Court had termed the Gujarat government ordinance issued on May 1 as ‘inappropriate and unconstitutional,’ and rejected the state government’s argument that it is a classification under the general category and not the reserved category. The court had then maintained that such classification had the dangerous potential of breaching the 50% quota cap set by the Supreme Court.
It held that the 10% reservation for poor among the unreserved category would take the total quota beyond 50%, which the apex court had not permitted. It also pulled up the then state government for taking a decision without conducting any study or scientific data.
Attorney General Mukul Rohatgi, appearing for Gujarat government, said the high court had struck down the ordinance which has been challenged. Senior advocate Gopal Subramaniam, appearing for general category students, said the high court's stay was till August 17 and the order should remain operational till the apex court hears the matter. He also said there were holidays in between, due to which the apex court could not hear it.
While quashing the ordinance, the high court had stayed operation of its order by two weeks on the request of state government to enable filing of an appeal in the apex court.