Given that the courts cannot issue subpoenas to issue quotas, the Supreme Court on Tuesday quashed part of the Punjab and Haryana High Court ruling ordering the government of Punjab to reserve three, instead of one, percent under leading the sports category in the state – medical and dental colleges.
The Supreme Court’s verdict appealed to the government of Punjab’s appeal against the 2019 joint Supreme Court verdict that ordered the issuance of a new notice to provide for a three percent sports quota, instead of one percent to which the executive power, in government-run state medical and dental colleges.
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The Supreme Court had said that a one percent quota should be provided for children/grandchildren of terrorist-affected/Sikh riot-affected persons in all private medical/dental facilities unaided by minorities in the state. It had also determined that the reservation for terrorist and riot-affected candidates will also apply to the board seats.
A bench made up of Judges MR Shah and BV Nagarathna went into detail about the validity of the Supreme Court’s order increasing the sports quota from one to three percent in government medical and dental colleges and decided not to consider the other aspect of the verdict. to treat. The question of whether the Supreme Court was right in providing a one percent quota for children or grandchildren of terrorist or riot-affected individuals on admissions has become academic, as the state has now made the reservation, the verdict said, adding that the legal question would remain open.
With regard to the second order of the Supreme Court ordering the provision of a three percent sports quota in the government medical/dental universities in the state of Punjab, it is hereby quashed and quashed by noting that no subpoena from mandamus had can be promulgated by the Supreme Court, it said. Regarding the part of the Supreme Court’s order increasing sports quotas, the bench referred to several rulings of the highest court and said: No injunction can be issued by the court instructing the state government to provide for reservation.
We believe that the Supreme Court committed a serious error in issuing a writ of execution and ordering the state government to provide three reservations/quotas for athletes, instead of one percent as determined by the state government. The state government has made a conscious policy decision to provide a one percent reservation/quota for athletes… Therefore, the Supreme Court has overstepped its jurisdiction by issuing a writ of execution ordering the state to provide a certain percentage of reservations for athletes. ., the 20-page verdict said as the untenable Supreme Court verdict was quashed.
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Judge Shah, who wrote the verdict, said the state government has made a conscious policy decision to provide only one percent reservation/quota for athletes.
Several pleas were previously filed with the Supreme Court against the government’s 2019 notification, which includes a one percent reservation for athletes; one percent reservation for children/grandchildren of terrorist-affected persons and one percent reservation for children/grandchildren of Sikh-affected persons in the state quota for seats in government institutions. The Supreme Court had upheld the pleas and issued several orders, including increasing the sports quota from one to three percent.
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