Notices issued to Centre and Tamil Nadu on reservation issue

New Delhi, Oct 9 (UNI) The Supreme Court today issued notices to the Centre and the Tamil Nadu government on a petition challenging the constitutional validity of 93rd amendment introducing article 15 (5) empowering states to provide reservations to backward sections of society in educational institutions.

The petition filed by an NGO, VOICE, also challenged the vires of Tamil Nadu backward classes and SC/ST (reservation of seats in private educational institution) Act 2006 providing reservation in minority and unaided private educational institutions in the state.

A Division Bench comprising Justice Arijit Pasayat and Justice Lokeshwar Singh Panta issued the notices after the petitioner's counsel had contended that the impugned amendment was introduced to overreach the constitution bench judgement of the court in the P A Inamdar versus state of Maharashtra. In this case, the apex court had held that no reservation can be provided in minority/ non-minority unaided educational institutions.

The petitioner has also contended that the Tamil Nadu Act was violative of basic structure of the constitution as well as articles 14, 15 and 29 (2).

UNI AKS/SC SB AT VC1940