NE LEGAL BUREAU
NEW DELHI, FEB 28
The Supreme Court has agreed to hear on March 5, a plea challenging the constitutional validity of the 1993 Tamil Nadu law providing 69 percent quota to scheduled castes (SCs), scheduled tribes (STs), and backward classes in admissions and government jobs in the state.
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A bench of Justices A M Khanwilkar and Dinesh Maheshwari on Friday took note of submissions that a similar plea against the Tamil Nadu quota law has been pending before the apex court since 2012, and ordered tagging of the fresh plea filed by one Dinesh B this year with the earlier one.
“It is brought to our notice that the validity of Tamil Nadu Reservation Act, 1993 is assailed in Writ Petition… of 2012 and is pending before this Court. In that case, we deem it appropriate to direct the Registry to place this writ petition along with Writ Petition… of 2012 before appropriate Bench on 5th March 2021 for consideration of interim relief and other appropriate orders, as pressed in this writ petition,” the court said in the proceedings conducted through video conferencing. The bench also said that the application of the National Union of Backward Classes, SCs, STs, and Minorities, seeking to be made a party in the pending proceedings would also be taken up by it on March 5. This organisation, in its plea filed through its secretary-general S Geetha, supports the state law and wants to be heard in the case filed against the quota law.
Dinesh B, who was represented by senior advocate Dushyant Dave, has filed the plea this year assailing the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institution and appointment or posts in the services under the state) Act 1993 on the ground that it violates apex court’s Mandal judgment of 1992 in which the ceiling of 50 percent on quota was fixed.
The plea said that the reservation in admissions and government jobs cannot be over 50 percent as it has been categorically held by the Supreme Court in the Indra Sawhney judgment , also known as Mandal verdict.
