The Supreme Court on Thursday said it had already given its views on the question whether persons, who had benefited from quota, should be excluded from availing further reservation, and that it is now up to the legislature and executive to decide whether it should be implemented.
“We have given our view that taking into consideration the past 75 years, such persons who have already availed benefits and are in a position to compete with others, should be excluded from reservation. But it is a call to be taken by the executive and the legislature,” Justice B R Gavai presiding over a two-judge bench stated. The bench also comprising Justice A G Masih was hearing a plea which referred to the August 1, 2024 ruling of a 7 judge constitution bench which by 6:1 majority held that Scheduled Castes (SCs) can be sub-classified on identifiable and demonstrable data for the purpose of reservation.
Thursday’s plea said the states were yet to frame such a policy though six months have passed since the judgment. The bench also comprising Justice A G Masih however said it is not inclined to entertain the matter. It allowed the petitioner’s counsel to withdraw the plea to file a representation before the convened authority that could decide on the issue.
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