The Supreme Court refused to stay a High Court verdict disallowing
Andhra Pradesh
(AP) to create a 5% quota for Muslims colleges and Government jobs and
restrained
Kerala from reserving seats in private unaided colleges and minority
institutions. Chief Justice Y K Sabharwal warned state governments about
passing legislation which would negate the constitutional provision. He said
“If every state is allowed to pass a law like this, then it will have far-
reaching consequences as it hits at the basic structure of the Constitution.”
However, Sabharwal referred the AP case to a five-judge Constitutional Bench
and granted limited stay only to the extent of admissions already made and had
said that appointments already made shall not be disturbed.
Tamil Nadu
has also passed an ordinance similar to the one in AP which would now be
undoubtedly unconstitutional. It is not clear if the ordinance will
automatically be void or a separate legal process has to be initiated to void
that ordinance.
The SC allowed both cases to be heard again on July 7 when counsels pleaded
that the verdict would affect thousands of students aspiring to get admissions
this year.