SC Quota Issue Forwarded To Higher Bench
Fri, 10/08/2010 - 05:26 — Palash Das
India Law News: The Supreme Court on Thursday referred the question to a larger bench with ‘appropriate strength’ for deciding whether an SC candidate can seek quota benefits for jobs in non-native state or not. While dealing with Uttarakhand government’s appeal that challenged a high court ruling, a bench of Justice SS Nijjar and Justice B Sudershan Reddy passed the order.
The ruling read that if an dalit candidate migrates from one state to another, he/she will receive stipulated benefits of reservation. Challenging the ruling, the Uttarakhand government took a stance that the migrant candidate cannot entail quota benefits unless the community he/she belongs to is listed under ‘category of SC’s’ in the migrating state as well.
The Chief Justice of India SH Kapadia will soon set up a higher bench that will decide on two issues a) the SC migrants issue b) whether a decision taken by a constitution bench can be overturned by a smaller bench.
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