E-Paper
SC declines to entertain plea that sought sunset clause in caste-based quotas
The Supreme Court told the petitioner that they could not fix a time limit on caste-based reservation since it was outside their jurisdiction.
The Supreme Court on Friday refused to entertain a petition to limit caste-based reservations in education as it felt this was an issue outside the jurisdiction of the courts.
A PIL filed by a practising doctor Subhash Vijayaran argued that caste-based reservation cannot be allowed to continue for eternity as there should be a time limit, beyond which the reservation benefits should be rolled back.
“Compared to the pre-reservation era when people strived to gain the forward tag, today people fight and spill blood for the backward tag. Well off doctors, lawyers, engineers flaunt their backward tag to gain admissions in PG (post graduate) courses via reservations. Even the institutions of national importance like AIIMS, NLUs, IITs, IIMs, etc. are not spared. Every year, 50% of their very scarce seats are sacrificed on the altar of reservation,” the petition said.
The petitioner, who also has a law degree, requested the court to place a time limit on such affirmative action, contending that if it was left to Parliament, caste-based reservation would continue for eternity.
A bench of justices L Nageswara Rao and S Ravindra Bhat told him that they couldn’t do this.
“You are fully aware of our jurisdiction. How do we fix a time limit on caste-based reservation? We can allow you to withdraw or we will dismiss this petition,” the bench said.
It was the petitioner’s case that instead of reservation, the weaker sections need to be empowered by making them more competitive rather than de-powering them by eternal crutches of reservation that not only promotes mediocrity but ignites hatred and resentment in the society.
A pro-reservation foundation appeared on caveat to oppose the petition. Vijayaran decided to withdraw his PIL following which no orders were passed by the court.
