The Supreme Court Friday refused to stay the Centre's decision to grant 10 per cent quota in jobs and admissions to poor candidates in the general category.
Senior advocate Rajeev Dhavan, appearing for Poonawala, told the bench that his only grievance at this stage was that this quota should not breach the ceiling of 50 per cent as mandated by the apex court.
The bench, also comprising Justices Deepak Gupta and Sanjiv Khanna, had earlier issued notice to the Centre on similar petitions and on Friday ordered tagging of the fresh plea of Poonawalla with pending ones.
Petitions have been filed by parties, including 'Janhit Abhiyan' and NGO 'Youth For Equality', challenging the Centre's decision.
The petition, filed by Youth For Equality through its president Kaushal Kant Mishra, has sought the quashing of the Constitution (103 Amendment) Act, 2019, saying that the economic criterion cannot be the sole basis for reservation.
It said the bill violates basic feature of the Constitution as reservation on economic grounds cannot be limited to the general category and the overall 50 per cent ceiling limit cannot be breached.
In the present form, the upper limit of quota goes up to 60 per cent which violated the decisions of the apex court.
Referring to the nine-judge bench decision of the apex court in the landmark 1992 Indira Sawhney case, the petition said the latest amendment completely violated the Constitutional norm that economic criterion cannot be the only basis of reservation.
It also said that the amendments fail to consider that Articles 14 and 16 form the basic feature of equality, and that they have been violated with the doing away of the restraints that were imposed on the reservation policy, i.e. the 50 per cent ceiling limit and the exclusion of economic status as a sole criterion.
The top court had earlier refused to stay the Modi government's decision to grant the reservation but agreed to examine the validity of the constitutional amendment which paved the way for this quota.
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 quota will be over and above the existing 50 per cent reservation to SCs, STs and Other Backward Classes (OBCs).
(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)