Supreme Court disallows Telangana From Upping Quotas Beyond Limit
Sagar Kumar Mutha | TNN | Dec 9, 2018, 04:57 IST
HYDERABAD: Telangana withdrew its plea to increase reservation quota for Backward Classes (BCs), SCs and STs in panchayati raj and other local bodies after Supreme Court on Friday refused to allow the state to enhance the quota beyond 50%.
The state had sought permission for 34% reservations for BCs, 24% to SCs and 9% to STs in the ensuing sarpanch elections as well as in all other panchayati raj and local body elections, taking the total quota proportion to 67%.
Telangana’s contention was that such a permission was essential as the population of BCs, SCs and STs is higher in Telangana.
The SC bench told the Telangana counsel that under no circumstances can the state cross the 50% upper cap fixed earlier by the apex court. Telangana then withdrew its plea seeking permission for quota enhancement.
It may be recalled that the Hyderabad high court had earlier made it clear that all quotas put together cannot exceed 50% as per the judgement of the Supreme Court.
As the local body elections are already due, the state will have no option but to reduce BC reservation from 34% to 17%, because the reservation for SCs and STs cannot be reduced as the quota it was accorded to them in proportion to their population as mandated by Article 243 of the Constitution.
The state had sought permission for 34% reservations for BCs, 24% to SCs and 9% to STs in the ensuing sarpanch elections as well as in all other panchayati raj and local body elections, taking the total quota proportion to 67%.
Telangana’s contention was that such a permission was essential as the population of BCs, SCs and STs is higher in Telangana.
The SC bench told the Telangana counsel that under no circumstances can the state cross the 50% upper cap fixed earlier by the apex court. Telangana then withdrew its plea seeking permission for quota enhancement.
It may be recalled that the Hyderabad high court had earlier made it clear that all quotas put together cannot exceed 50% as per the judgement of the Supreme Court.
As the local body elections are already due, the state will have no option but to reduce BC reservation from 34% to 17%, because the reservation for SCs and STs cannot be reduced as the quota it was accorded to them in proportion to their population as mandated by Article 243 of the Constitution.
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