Monday, February 3, 2020

A call to raise the issue of interim stay to the implementation of SEBC Act






The matters filed by Dr. Uday Dhople and Devendra Jain against Maratha reservation are listed before the Supreme Court on 4th February 2020.

The State of Maharashtra has sought adjournment on various grounds mentioned in the letter submitted before the Registrar of the Supreme Court.

This is applying delaying tactics in its worst form.

The State had more than six months to do whatever was required. The Counter Affidavit should have been ready by now. Concerned officials should be held accountable for their negligence of duty towards the Court and the petitioners.  

However, the pretexts for adjournment are not at all justified.
Both the CJI and J. Gawai know Marathi, there is no need to translate the report. 

In fact, the report, which is not yet made public does not need be referred to while deciding two issues, which are crucial. 

1) Is the breach of 50% limit set in Indra Sawhney justifiable ?

2) Whether the creation of a new category SEBC is in contravention of the newly amended Articles 342 and 336 of the Constitution ?

The Counsel should press for stay in case the State pleads for an adjournment. The malafides shown in promulgating the Ordinance, the breach of assurance given to the Supreme Court while seeking extension of time to complete PG admissions in 2019, flagrant violation of norms while implementing EWS reservation, all of this and the essential merits of the case against the vires of the SEBC Act would be relevant facts for the Court to consider while deciding interim applications for stay. 

It is time for huge protests against the attitude of GoM. All sorts of social media should be flooded with calls for interim stay of the continuation of this atrocious policy of unconstitutional and illegal reservation. Calling upon all concerned to understand the issue. 

Adv. Shrirang Choudhary

No comments:

Post a Comment