Supreme Court stayed the hearing of petition challenging EWS reservation in Kerala High Court demanded for transfer

The Supreme Court had earlier referred some petitions to a five-judge constitution bench challenging the Centre's decision to provide 10 per cent reservation in jobs and education to the economically weaker sections.

In a significant development, the Supreme Court on a petition challenging the Central Government's decision to provide 10 per cent reservation in jobs and admissions to candidates belonging to Economically Weaker Sections (EWS) has been taken up by the Kerala High Court. The proceedings before the court were stayed on Friday.

A bench of Chief Justice NV Raman, Justice Surya Kant and Justice Hima Kohli also issued notice on the petition filed by the Center, requesting to transfer the matter from the High Court to the Supreme Court. Has been done. The Supreme Court had earlier referred a similar case to a five-judge Constitution Bench.

Solicitor General Tushar Mehta appeared on behalf of the Center and sought a stay on the proceedings before the High Court besides giving notice to Nuzam PK, who had filed a PIL there. The petition states that the writ petition involves a similar question of law pending before this court whether the Constitution (103 Amendment) Act, 2019 violates the basic structure of the Constitution of India and is against the basic principle of the Constitution.

'Need to transfer all cases to Supreme Court'

It said that by transferring the said writ petition, all these matters would be heard together and the possibility of passing inconsistent orders by different courts would be avoided. Transfer of the petition is necessary as a similar petition and other related petitions regarding the validity of the law are pending before this Court.

The Supreme Court had earlier referred some petitions and transfer petitions to a five-judge constitution bench challenging the Centre's decision to provide 10 per cent reservation in jobs and education to the economically weaker sections. The court had refused to stay the Centre's decision.