New Delhi, Oct 6 (IANS) The Supreme Court on Monday refused to entertain a plea challenging a government order issued by Telangana, which increased reservations for Backward Classes (BCs) in local bodies to 42 per cent.

A Bench of Justices Vikram Nath and Sandeep Mehta questioned the petitioner for instituting a writ petition before the top court, even though the Telangana High Court is scheduled to hear similar petitions on Wednesday.

“If the(Telangana) High Court doesn’t grant the stay, that means you will come here under Article 32?” remarked the Justice Nath-led Bench.

Sensing the disinclination of the apex court to entertain the plea, the petitioner side sought permission to withdraw the writ petition with liberty to approach the Telangana HC.

“Counsel for the petitioner, upon instructions, states that he may be allowed to withdraw the petition under Article 32, leaving it open for the petitioner to approach the jurisdictional High Court for appropriate reliefs. The petition is accordingly dismissed with liberty as prayed,” ordered the Justice Nath-led Bench.

The petition, filed through advocate Somiran Sharma, under Article 32 of the Constitution, contended that the move breached the 50 per cent ceiling laid down by the Apex Court judgments governing reservations in local bodies.

The plea challenged G.O. Ms. No. 09 dated September 26, contending that with existing SC and ST quotas of 15 per cent and 10 per cent, the aggregate reservation now exceeds 67 per cent. It pointed out that Section 285A of the Telangana Panchayat Raj Act, 2018, explicitly codifies the 50 per cent ceiling in line with the Constitution Bench ruling in K. Krishna Murthy v. Union of India case.

“Despite this statutory bar, the Respondent State has sought to enforce the impugned Government Order, thereby acting ultra vires the Constitution as well as the statute,” the plea stated.

The plea alleged that the Telangana government has failed to comply with the “triple test” laid down by the Supreme Court, mandating that any OBC reservation in local bodies must be preceded by a dedicated Commission conducting a rigorous empirical inquiry; local body-wise specification of reservation based on that data; and a ceiling ensuring the total reservation for SCs, STs, and OBCs does not exceed 50 per cent.

It also questioned the basis of the state government’s decision, pointing out that the enhancement is based on “a one-man commission report” that “was neither placed in the public domain nor debated in the Legislature, nor does it satisfy the requirement of a rigorous contemporaneous empirical enquiry”.

“The Telangana government’s reliance on Articles 243D(6) and 243T(6) of the Constitution is wholly misconceived. While those provisions empower the state legislature to make reservations for Backward Classes in local bodies, the enabling power is subject to constitutional limitations, including the judicially imposed 50 per cent ceiling,” the plea stated.

–IANS

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