Religion, Caste And Tribe Based Reservation - 4

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<b>SC notice to Centre, Tamil Nadu on reservation issue  </b>
New Delhi, Oct 09: The Supreme Court on Monday issued notices to the Centre and the<b> Tamil Nadu government on a petition challenging the constitutional validity of the 93rd amendment enabling state governments to provide reservation in the private educational institutions</b>.

A bench comprising Justice Arijit Pasayat and Justice L S Panta sought reply from Ministry of Law and Justice and the state government on a PIL contending that introduction of clause (5) to Article 15 of the constitution by way of 93rd amendment was inconsistent and derogation of the fundamental rights guaranteed under Article 14, 15 and 29 (2).

The PIL by `Voice`, voluntary consumer organisation, has questioned the enactment of Tamil Nadu Backward Classes, Scheduled Caste and Scheduled Tribes (reservation of seats in educational institutions) Act, 2006 providing for reservation in private educational institution from June 7, 2006.

The petition said that amendment providing for quota in the non-minority aided and unaided education institution was against the apex court directives in the P A Inamdar verdict.

<b>The organisation said though the Hindu society may be a caste based but the Indian Constitution was not based on caste and as such there was no justification to provide or enable quota on caste basis. </b>

<b>The PIL clarified that the petition was filed on behalf of the students belonging to unreserved categories and were affected by the amendment. </b>

Earlier, Voice had filed a PIL seeking implementation of apex court direction by the Tamil Nadu government for excluding the "creamy layer" among backward class communities from benefits of reservation for admission to educational institutions and employments.  <!--QuoteEnd--><!--QuoteEEnd-->