SC declines plea against Ordinance on reservation in teaching posts
New Delhi: The Supreme Court on Monday refused to entertain a plea challenging the Centre's Ordinance which restored the roster based reservation system for appointment of faculty members in higher educational institutions.
The pleas challenging the March 7 promulgation of The Central Educational Institutions (Reservation in Teachers' Cadre) Ordinance, 2019 came up for hearing before a bench of Justices S A Bobde and Sanjiv Khanna.
The bench told the counsels appearing for the petitioner to approach the high court with the grievance.
"Why cannot you go to the high court?," the bench asked.
When one of the advocates said the issue will have ramification on entire country, the bench said, "Parliament legislation applicable all over India can be dealt with by the high courts. We are on the issue of jurisdiction. Why have you come here first?" Advocate Gopal Shankarnarayanan, appearing for petitioners, said the Ordinance tends to nullify the apex court's order.
The top court in February dismissed the Centre's plea seeking review of its earlier verdict by which it had declined to interfere with the decision of the Allahabad High Court on the crucial quota issue.
While dismissing the review petition, the apex court said that individual departments and not universities or colleges will be considered as a unit for implementing reservation for SC/ST or OBC in appointing faculties members.
On January 21 this year it had dismissed the appeals of the Centre and the University Grants Commission (UGC) against the order of Allahabad High Court which had ruled that quota for SC/ST or OBC in posts of faculty will
be calculated department-wise and not college or university-wise.
During the hearing on Monday, when one of the advocates said that the matter was urgent as it involves constitutional issues, the bench observed, "Every third matter here has a constitutional issue".
The apex court allowed the petitioner to withdraw the plea and granted him liberty to approach the respective high court.