SC refuses to stay 10 per cent general category quota

New Delhi: The Supreme Court Friday refused to stay the Modi government’s decision to grant 10 per cent reservation to economically poor in the general category but agreed to examine the validity of the constitutional amendment which paved the way for this quota.

A bench comprising Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna issued a notice to the government on a batch of petitions challenging the validity of the Constitution (103 Amendment) Act, 2019 which allows grant of quota in jobs and education to the poor in the general category.

“We will examine the matter. Issue notice,” the bench said, making it clear that there would be no stay on the decision.

The top court asked the Centre to file its response within three weeks.

Solicitor General Tushar Mehta, appearing for the Centre, said the pleas did not deserve a hearing and vehemently argued that there should not be any stay on the Centre’s decision.

The bench said it has merely issued the notice.

When some lawyers started arguing simultaneously, the bench said, “Don’t come to this court to create trouble. Call the next case”.

The bench was hearing petitions filed by parties including organisations like ‘Janhit Abhiyan’ and NGO ‘Youth For Equality’ challenging the Centre’s decision.

In poll year, the Modi government has come out with the constitutional amendment bill giving quota benefits to the poor among general category candidates.

The petition, filed by Youth For Equality through its president Kaushal Kant Mishra, has sought the quashing of the bill saying that the economic criterion cannot be the sole basis for reservation.