New Delhi: The Supreme Court on Friday said a three-judge bench will examine the validity of the Gujarat government’s ordinance for 10 per cent reservation for economically weaker sections which was quashed by the state High Court in August.
Stating that the matter would be heard by a three-judge bench, the bench of Chief Justice T.S. Thakur, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud, said the admissions made prior to quashing of the ordinance by the High Court would not be distributed.
The Gujarat government had moved the top court challenging the High Court verdict.
The bench said that after completion of the pleadings, the three-judge bench would take a call if the issue has to be heard and decided by the constitution bench.
The court said this as Attorney General Mukul Rohatgi told the bench that ultimately the matter has to be heard by the constitution bench.
Telling the bench that the ordinance was challenged in the wake of admission in medical colleges and the government decided to hold back 10 per cent reservation in medical courses, the Attorney General said the real objective was to give reservation to economically backward people in the general category both in services and educational institutions.
He said that reservation for EWS would have been beneficial in the engineering colleges where even now 5,000 seats are lying vacant.
Issuing notice to the affected students who had challenged the notification providing 10 per cent reservation, the court in its order said that all the admissions made prior to quashing of the ordinance would not be affected and no further action toward the implementation of the notification qua admission and services is possible.
The Gujarat government had issued an ordinance giving 10 per cent reservation to economically weaker sections in the wake of the Patel Patidar agitation seeking reservation in educational institutions and services.
The top court had on August 22 said the stay of the High Court verdict quashing 10%reservation will continue but no admission would take place on the basis of reservation that was carved out in the wake of the Patel agitation in Gujarat.
The Gujarat High Court had stayed its own judgment quashing 10 per cent reservation for the economically weaker sections on August 4, 2016, so that the Gujarat government could approach the top court challenging it.
The High Court had recorded an undertaking by the Gujarat government that no admissions would be made on the basis of 10 per cent reservations for EWS.