The Supreme Court on Monday said that it is not in the favour of passing an order that provides 10 per cent reservation in education and jobs to the economically weaker section (EWS) across all classes to a Constitution bench. However, the apex court refused to pass a stay order over the amendment and asked the parties opposing it to file a note.
A bench, headed by Chief Justice of India Ranjan Gogoi, said it will hear the plea on March 28 and would decide whether the matter would be further referred to a Constitution Bench or not.
Earlier, the top court had refused to stay the government's decision to give 10 per cent quota in education and jobs to poor candidates across the general category. However, It had agreed to review the law 's validity and issued a notice to the government regarding a plea filed by businessman Tehseen Poonawalla.
The bench, also comprising Justices Deepak Gupta and Sanjiv Khanna, asked senior advocate Rajeev Dhavan, who was appearing for the petitioner, to file a short note of the points which they have raised in their application.
Senior advocate Rajeev Dhavan who is appearing for Tehseen Poonawalla, told the bench that his only objection on this issue was that EWS quota should not get past the 50 per cent reservation mandated by the Supreme court. The Modi Cabinet in January had passed 10 per cent quota in education and jobs for EWS among upper castes.
The proposed quota was surpassing the existing 50 per cent reservation enjoyed by the Other Backward Classes, Scheduled Castes and Scheduled Tribes, taking the total to 60 per cent. Rajputs, Brahmins, Bhumihars, Marathas, are amongst the major castes set to benefit from the EWS reservation.
(Edited by Vivek Dubey)