A bench comprising justices K S Radhakrishnan and Dipak Mishra issued a notice to the state government on the petition which contended the legislation providing reservation above 50 per cent was unconstitutional.
The petition filed by some students has contended that reservation exceeding 50 per cent in educational institutions and government jobs was in contravention to the mandate of apex court judgement.
The bench asked Tamil Nadu government to file its reply within two weeks.
An identical petition filed in 1994 was disposed by the apex court in July 2010 and Tamil Nadu government was asked to assess its justifiability by State Backward Classes Commission.
The legislation in challenge was the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in educational institutions and of appointment or posts in the services under the state) Act, 1993, which provided 69 per cent reservations.
