New Delhi: The Supreme Court has dismissed the Centre’s plea, urging the apex court to reconsider a majority decision of May 5. That judgment provided that after the 102nd Amendment to the Constitution, the power to declare Socially and Educationally Backward Classes (SEBCs) for jobs and admissions remained with the states.
A five-judge bench headed by Justice Ashok Bhushan said, “We have perused the review petition filed against the May 5 judgment. The grounds stated for the review petition do not come within the purview of the limited grounds on which the review petition can be entertained.
no sufficient grounds for consideration
A bench also comprising Justice L Nageswara Rao, Justice S Abdul Nazeer, Justice Hemant Gupta and Justice S Ravindra Bhat said, “We do not see any sufficient ground to entertain the review petition.” The review petition is dismissed. The top court also rejected the Centre’s application for an open court hearing in the matter.
The matter was considered by five judges in the ‘chamber’ on June 28. Justice Bhushan was due to retire on July 4, but had bid farewell only on Wednesday to attend the rituals after his mother’s funeral. His mother passed away last week.
had filed a review petition
At the same time, the Ministry of Social Justice and Empowerment issued a release on May 13 saying that the Center has filed a review petition against the May 5 decision of the apex court. A five-judge constitution bench had on May 5 set aside a Maharashtra law granting reservation to Marathas with a majority and refused to refer the 1992 Mandal decision on fixing the 50 per cent cap on reservation to a larger bench.
The bench, in a 3:2 majority decision, had held that the 102nd Amendment of the Constitution gives special power to the Center to declare Socially and Educationally Backward Classes (SEBCs) as only the President can notify the list.
Also read: ‘Divyang has the right to reservation in promotion’ – Supreme Court upholds Kerala High Court’s decision