Supreme Court stays Kerala HC proceedings over EWS Reservation

Aishwarya Rathore-

Published On: September 24, 2021 at 16:59 IST

The Supreme Court stayed the proceedings before the Kerala High Court on a Petition challenging the Centre’s decision to grant 10% Reservation in jobs and admissions to candidates of Economically Weaker Sections (EWS).

A Bench of Chief Justice N V Ramana, Justices Surya Kant and Hima Kohli, issued Notice on the plea filed by the Centre seeking transfer of the case from the Kerala High Court to the Supreme Court.

The Petition stated, “The present transfer petition is being filed under Article 139A (1) of the Indian Constitution, seeking the transfer of Civil Writ Petition No.-23872 of 2020 pending before the Kerala High Court to the Supreme Court.”

The Plea further stated, “The Writ Petition involves an identical question of law to one pending before this Court, whether the Constitution (One Hundred and Third Amendment) Act, 2019 violates the basic structure of the Indian Constitution and is against the basic principle of the Constitution”.

Solicitor General Tushar Mehta, representing the Centre, sought a Stay on proceedings before the High Court as well as a Notice to Nujaim PK, who had filed the PIL there.

The transfer of the aforesaid Writ Petition would enable all of these cases to be clubbed together and heard together, avoiding the possibility of inconsistent Orders being issued by different Courts.

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