The Supreme Court on Monday declined to entertain a PIL challenging the controversial amendment in the Constitution enabling the states to make special provision for reservation in private educational institutions.
Holding that no cause of action has arisen to entertain the petition, a Bench comprising Justice Ruma Pal and Justice AK Mathur said the PIL was premature and declared it dismissed as withdrawn.
The PIL filed by VOICE, a voluntary consumer organisation, has challenged the validity of the Constitution's 93rd Amendment Act, 2005, which introduces clause (5) to Article 15 of the Constitution to enable the states to make special provisions for reservation in private educational institutions.
The organisation had sought quashing of the provision contending that it was unconstitutional and ultra vires of Article 13(2), 14, 19(1)(g) and 300A of the Constitution.
The PIL said the provision not only violates the basic structure of the Constitution but was also against the judgment of the apex court in PA Inamdar vs state of Maharashtra case in which it was held that there should not be any reservation in the educational institutions run by minority or non-minority unaided educational institutions.