Recruitment on 10% reservations subject to orders: SC

The Supreme Court on Thursday said that the recruitment process being undertaken after the passage of 103rd Constitution Amendment Act granting 10% reservation to the economically weaker sections would be subject to its orders.

A bench of Justices S A Bobde and S Abdul Nazeer made an oral observation, as senior advocate Rajeev Dhavan "flagged" the concerns about the recent recruitment notifications issued by Railways.

The court put a batch of petitions filed NGOs 'Janhit Abhiyan' and 'Youth For Equality' along with 20 others for consideration on next Monday, April 8.

Solicitor General Tushar Mehta submitted that the Attorney General would prefer to address the bench on the issue whether the matter was required to be referred to the Constitution bench.

He said the matter was "suddenly listed" before a new bench and the A-G was occupied in arguing a Constitution bench matter in the CJI's court.

Dhavan, appearing for petitioner Tehseen Poonawalla, said the question was whether a simple notification was sufficient to bring into effect the reservation on economic basis which was specifically prohibited by the apex court's nine-judge bench in Indra Sawhney (Mandal Commission) case.

"Railways are going to do it by notification, even when the matter is pending before the court. Reservation is to be based on discrimination. The court had in Indra Sawhney case said the economic basis can't be the factor," Dhavan submitted.

"There is a certain degree of concern.

I am flagging the issue. Let no adjournment take place on this aspect on the next date of hearing," he said.

Dhavan further said the Union government had already filed its counter affidavit. He referred to the previous order by a bench presided over by CJI Ranjan Gogoi.

"The matter required consideration if it can go to the Constitution bench," he said.

"The court has to consider if it needs to go to the Constitution bench, since it attacks the basic structure," he insisted.

On this, the bench said, "We see it might have to. We would like the A-G put his submission , he may oppose it. We would like him to say something."

Meanwhile, the top court allowed a plea by the Union government to stay the proceedings initiated before the Punjab and Haryana High Court, against the validity of the 10% reservation to economically weaker sections of society in jobs and education.

The court also issued notice on a transfer petition filed by the Centre in this regard.

In its affidavit, the Centre had earlier this month told the court the constitutional amendment for 10 % quota on economic basis would “do justice across all the weaker sections of the society” and “enable them equal opportunity to get access to educational institutions and also in matters of employment”.

The Constitution (103rd Amendment) Act, 2019 is valid legislation, is not contrary to Indra Sawhney (Mandal Commission 1992) and does not violate the basic structure of the Constitution,” the Centre said.

The 10% quota for economically weaker sections in government jobs and higher educational institutions, including in private sector, became the law of the land after President Ram Nath Kovind on January 12 gave his assent to it.