The Economic Times;Dated;30-8-2016
Tuesday 30 August 2016
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Aug 30 2016 : The Times of India (Ahmedabad)
EBC quota: SC extends stay
New Delhi:
PTI
|
The Supreme Court on Monday extended by two more weeks the interim stay on a Gujarat High Court decision quashing a state government ordinance providing 10 per cent quota for economically backward among the unreserved category , including the agitating Patel community.A bench comprising Chief Justice T S Thakur and justices A M Khanwilkar and D Y Chandrachud posted the matter after two weeks when Attorney General Mukul Rohatgi submitted that the interim order be allowed to be continued till next hearing.
The bench then said that there would be no admission till further orders. The court was hearing a petition by Gujarat government challenging the high court's August 4 order quashing the ordinance. 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.
Terming the May 1 ordinance as “inappropriate and unconstitutional“, the high court had rejected the state's argument that it was a classification under the general category and not the reserved category and held that it will breach the 50 per cent quota cap set by the Supreme Court.
The court had observed that 10% reservation for poor among the unreserved category took the total quota beyond 50%, which was not permitted as per the apex court's earlier decision.
The bench then said that there would be no admission till further orders. The court was hearing a petition by Gujarat government challenging the high court's August 4 order quashing the ordinance. 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.
Terming the May 1 ordinance as “inappropriate and unconstitutional“, the high court had rejected the state's argument that it was a classification under the general category and not the reserved category and held that it will breach the 50 per cent quota cap set by the Supreme Court.
The court had observed that 10% reservation for poor among the unreserved category took the total quota beyond 50%, which was not permitted as per the apex court's earlier decision.
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