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'Funding
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Maharashtra Assembly revokes suspension of MNS legislators |
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New Delhi:
The Supreme Court on Tuesday asked the governments of Tamil Nadu and
Karnataka to revisit the laws providing quota in excess of 50 per
cent to reserved categories in government jobs and educational
institutions.
The apex court, however, allowed the continuation of its interim
orders for one more year concerning the two states by which it had
made operational the 69 per cent quota in Tamil Nadu and restricting
Karnataka from exceeding the 50 per cent ceiling as laid down in the
Mandal Commission case.
A Bench comprising Chief Justice S H Kapadia and Justices K S
Radhakrishnan and Swatanter Kumar pronounced separate orders by
disposing of two batch of petitions and made it clear that it was
not expressing any opinion on the validity of the laws.
The first batch of petitions had challenged the Tamil Nadu Backward
Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats
in Educational institutions and of appointment or posts in the
services under the state) Act, 1993, which provided 69 per cent
reservations.
The second batch of petitions had challenged the Karnataka Scheduled
Castes and Scheduled Tribes and Other Backward Classes (Reservation
of Seats in Educational Institutions and Appointments or Posts in
the Service under the State) Act, 1994, which provided 73 per cent
reservations.
While dealing with the petitions on Tamil Nadu quota law, the Bench
said government will place all quantifiable data available with it
before the State Backward Class Commission which will revisit the
issue of reservation.
Meanwhile, the Bench said the interim orders passed by it protecting
69 per cent quota in jobs and appointments will continue for a year.
The court noted that certain parameters laid down by the apex court
in Mandal Commission judgement will have to be taken into account by
the Tamil Nadu Backward Class Commission if the government wanted to
exceed the 50 per cent ceiling.
In case of Karnataka, which through an interim order, was restrained
from exceeding the 50 per cent quota, the state was also asked to
re-examine its law based on the fresh data if it wanted to provide
reservations beyond the ceiling.
While disposing of the petitions, the Bench noted that since the
matter was brought before the apex court, there had been two
amendments in the Constitution pertaining to Artices 15 and 16
providing reservations to OBCs in higher educational institutions
and quota for backward classes in promotion respectively.
The judgment is interesting because it
is more than 50% quota in these states that the Muslim leaders are
giving the example of while demanding the reservation for them.
The Ranganath Mishra Commission in its
report had recommended reservation for Muslims. The government,
however, has not taken any initiative so far even though the report
is tabled in the Parliament. One of the reasons from the government
sources for not doing anything on Mishra Commission Report is,
giving reservation to the Muslims will exceed the quota from 50% -
the maximum allowed in the Constitution.
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