SC Refuses Plea Against Centre Restoring Roster Based Reservation System In College Faculty Appointments

A division bench of the Supreme Court comprising of Justices S A Bobde and Sanjiv Khanna yesterday (25 March) refused to allow a plea seeking to challenge the central government’s ordinance restoring the roster based reservation system in faculty appointments to institutes of higher education, reports The Indian Express.

The bench rapped the petitioner on the issue of jurisdiction, questioning as to why the matter could not be taken to a high court, stating, “Parliament legislation applicable all over India can be dealt with by the high courts. We are on the issue of jurisdiction. Why have you come here first?”

The ordinance in question is ‘The Central Educational Institutions (Reservation in Teachers’ Cadre) Ordinance, 2019’, which the counsel of the petitioner, Advocate Gopal Shankarnarayanan, contended, had the effect of nullifying a previous order of the Supreme Court.

The apex court had in February rejected a plea by the Centre seeking review of the court’s judgment in which the court had upheld the order of the Allahabad High Court in connection with the faculty quota issue.

The Allahabad High Court had ruled that SC/ST or OBC quotas would have to be allotted department-wise, and not university or college-wise.

The ordinance promulgated by the Centre reverts to the 200-point roster system wherein the institution is treated as one unit, instead of using departments or subjects as the basis for reservation.

The apex court has, however, given leave to the petitioner to withdraw his plea and approach an appropriate high court on the matter.