BHIM ARMY chief Chandrasekhar Azad on Tuesday moved the Supreme Court seeking review of its judgment which said that there was no fundamental right to claim reservation in jobs and promotions.
In his plea, Azad said the ruling suffers from an “error apparent on the face of the record” and that it has “diluted constitutional provisions, and has attempted to interpret provisions of the Constitution in a manner that is contradictory to the law laid down by two Constitution Benches” of the court.
The ruling “has given the states a free hand to completely abolish reservation of SC, ST, OBC and economically weaker sections of society which is also contrary to the protection granted by the Constitution”, his plea said.
The petition said: “The judgment is also severely detrimental to the interests of the other backward classes as well as the economically backward sections of society.”
He claimed it “will act as a tool in the hands of the oppressors to further oppress and exploit the SC, ST, OBC and the economically weaker sections, causing further marginalization within society, thereby defeating the endeavour to bring equality between the citizens of this country by the framers of our constitution…”.
A two-judge bench of the court in its judgment on February 7 had said that Article 16 (4) and 16 (4-A) of the Constitution were enabling provisions and it was up to the states whether to exercise the power and provide reservation and that they could not be compelled to do this.
Questioning this, Azad said the ruling “has lost sight of the fact that Article 16 mandates equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State”.