The Supreme Court has refused to stay the Rajasthan government bill on reservation for the Other Backward Castes but said the authorities should ensure no decision was taken that could result in crossing the total reservation beyond 50 per cent.
A bench comprising Chief Justice Dipak Misra and justices A M Khanwilkar and D Y Chandrachud set aside the November 9 order of the Rajasthan High Court by which it had stayed the OBC Reservation Bill, 2017.
“In our considered opinion, the order passed by the high court staying the legislative process is totally uncalled for and, therefore, that part of the impugned order is stayed,” the bench said.
It, however, “restrained” the state government from taking any action on the administrative side or in any manner conferring the benefit of reservation resulting in crossing the total reservation beyond 50 per cent.
“As we intend to remit the matter to the high court, the said direction shall remain in force till the writ petition is finally disposed of,” it said in its order on Monday.
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