The Supreme Court on Wednesday refused to vacate an Allahabad High Court’s order staying a Uttar Pradesh law providing for 50 per cent reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in state educational institutions, including unaided private ones.
A bench headed by Justice B.N. Agrawal declined to entertain the state government’s petition challenging the March 5, 2009, order of the high court staying the operation of ‘The Uttar Pradesh Admission to Educational Institutions (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 2006’.
The bench asked the state government to approach the Lucknow bench of the Allahabad High Court, where the matter was pending since 2007.
The law was challenged before the Lucknow bench of the high court by private unaided colleges offering Bachelor in Education (B.Ed.) courses and the HC had suspended the implementation of the law during academic year 2007-08, pending final decision on the constitutional validity of the law.
As the law continued to be suspended at the beginning of 2008-09 academic session, the state government again moved the HC for vacating the stay by the HC turned it down on March 5 forcing it to approach the SC.
The private educational institutions have challenged the law on the ground that it was contrary to the law laid down by the Supreme Court that said government could not extend reservation in private unaided educational institutions.