The Supreme Court on Tuesday cleared the way for implementation of 50 per cent reservation for candidates of scheduled caste, scheduled tribe and other backward caste in private engineering colleges affiliated with Uttar Pradesh Technical University (UPTU) by vacating a stay granted by the Allahabad High Court.
A bench headed by Chief Justice of India (CJI) K.G. Balakrishnan stayed the August 7 order of the High Court after senior counsel P.P. Rao contended on behalf of the Uttar Pradesh government that the HC could not have done it in a public interest petition, particularly when the private engineering colleges or affected students did not agitate the issue.
“How can the high court pass such an order?” the bench asked while suspending the HC order.
It also issued notices to petitioner V.K. Singh Parmar on whose plea, the HC had stayed the state’s July 22 order providing for 50 percent reservation for SC, ST and OBC candidates in engineering colleges affiliated to UPTU.
Rao, who mentioned the state government’s urgent petition for hearing, said the HC order abruptly stopped the ongoing admission process in state’s engineering colleges midway with over 70 percent of the pre-admission counseling complete.
He contended that the colleges did not have any objection to the government’s July 22, 2009 order providing for 50 per cent reservation in private engineering colleges affiliated to UPTU as they had agreed to it.
Senior counsel Mukul Rohtagi, who represented V.K. Singh Parmar— the PIL petitioner before the HC, objected to Rao’s submission.
Rohtagi said the state government had reached the alleged agreements by stipulating that it would provide affiliation to those colleges, which comply with the reservation.