EWS quota: “For qualifying examinations, there cannot be any reservation,” says SC

EWS quota: “For qualifying examinations, there cannot be any reservation,” says SC

New Delhi, May 14: While hearing a plea seeking ten per cent quota for the economically weaker section in Central Teacher Eligibility Test (CTET) 2019, the Supreme Court clarified that “For qualifying examinations, there cannot be any reservation.”

10% quota only applicable during admissions

Reservation of any class comes into play only during admissions, a vacation bench of Justices Indira Banerjee and Sanjiv Khanna said.

“For qualifying examinations there cannot be any reservations. This is wholly misconceived. This (CTET) is merely a qualifying examination. The issue of the reservation will come up only at the time of admission,” the bench said.

The petitioner Rajneesh Kumar Pandey and others referred to the CTET notification according to which, the exam is to be conducted on July 7, 2019. The bench remarked, “The notification for the examination does not give any reservation to Scheduled Caste and Scheduled Tribe either.”

After the lawyer appearing for the petitioner urged the court to consider the matter, the bench agreed to hear the plea on May 16 again. Earlier, it had dismissed the appeal after making the observations.

The petitioners are the aspiring candidates of CTET 2019, and they have claimed that they belong to the economically weaker section of society.

“Recently the CBSE has published advertisement dated January 23, 2019 for conducting Central Teacher Eligibility Test (CTET), 2019 in which this benefit has not been given to the economically weaker section of the society and therefore the present writ petition is being filed to make sure that people covered under economically weaker section of the society are given similar benefit like other reserved category (SC, ST and OBC) starting with CTET-2019 advertisement,” it said.

On the ground of violation of the rights guaranteed under the Constitution, the petitioners in their plea challenged the notification issued by the Central Board of Secondary Education (CBSE).

Amended act came into force on January 16

Parliament passed the Constitution (One hundred and third amendment) Act, 2019, and it came into force on January 16. Under this act, the citizens from general category belonging to the economically weaker section of the society are provided a reservation of ten per cent, along with the already existing reservation policy for giving advantage to other reserved categories including SC, ST, OBC and PH.