How valid is 93rd Constitutional amendment?

New Delhi, May 29: The Supreme Court toady issued notices to the Centre, states and Union Territories on a PIL challenging the constitutional validity of 93rd constitution amendment.

The amendment inserts clause 5 in article 15 of the constitution of India enabling the state to make any special provision for advancement of socially and educationally backward classes including SC/STs and OBCs for providing reservation to them in admission to educational institutions including private ones.

A vacation bench comprising Mr. Justice Arijit Pasayat and Mr.

Justice Lokeshwar Singh Panta issued notices after hearing counsel for the petitioner who contended that impugned amendment is violative of article 14 of the constitution of India and is an attempt by the state to circumvent the law laid down by the court.

The petitioner Shiv Khera has prayed for quashing the impugned 93rd amendment act 2005 as unconstitutional.

The petitioner has stated that the impugned amendment confers unlimited, unguided and arbitrary powers on the state to make reservation in all the educational institutions and the amendment also dilutes the citizens' right to equality which is paramount for preserving the democratic fabric of the country.

The petitioner has also contended that the court has repeatedly laid down that resonable restrictions must be imposed in providing reservation for maintaining standards of education and efficiency.

Mr Khera has pleaded that the amendment seeks to widen the scope of the term ''admission to educational institutions'' which is contrary to the basic structure of the constitution .

After the 93rd amendment the central government has chosen to propose reservation in all higher educational institutions including Medical Sciences, IITs and the IIMs.

The recent order of HRD minister Arjun Singh to provide 27.5 per cent reservation to OBCs in the educational institutions has sparked off a nationwide agitation by the students opposing reservation along caste lines.

The petition also seeks directions to exclude ''creamy layer'' from the benefit of reservation and has also pleaded for extending the benefits of reservation to the upper caste poor.

The petition will be heard along with anotther PIL filed by an advocate Ashok Kumar Thakur.

UNI