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Rajneesh Kumar Pandey and petitioners allege CBSE for violation of constitutional rights for not reserving quota for EWS. The SC bench led by Banerjee and Khanna said no reservations on qualifying exams, only on admissions.
The Hon’ble supreme court says that there cannot be any reservations in qualifying examinations. It has cleared that the quotas and reservations can be considered at the time of admission only.
A vacation bench that consisted of Sanjiv Khanna and Indira Banerjee said that any kind of reservations to any class will only be recognised at the time of admissions only. The judgment came when the bench was hearing a plea regarding 10 percent quota reservation for EWS (Economically Weaker Sections) in Central Teachers’ Eligibility Test (CTET 2019) .
The SC vacation bench that consisted of justice Indira Banerjee and justice Rajeev Khanna said that there cannot be any reservations for qualifying examinations. The reservation issue with any class will only come up during the time of admissions.
When Ranjeesh Kumar Pandey’s counsel appeared for the petitions, by him and others, they referred to the official CTET 2019 notification which is set to be held on 7th July, the bench reverted by saying there is no provision for reservation for SC and ST either in the official notification.
The bench which initially dismissed the plea post observations, agreed to look into the matter again after the lawyer of the petitioner urged the court to reconsider the matter. The court will again hear on this issue on 16th May.
The petitioners claimed to belong from the EWS or Economically Weaker Section who are also the aspirants of CTET 2019. The petition claimed that there has been no notice in the petition for the reservations of the WES quota by CBSE, thus the petition is to make sure that all the reserved classes get the equal benefit given to the sections of SC, ST, and OBC category students in CTET 2019 examination.
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The petitioners challenged CBCE on the allegations of violations of guaranteed rights under the constitution. On 10th January 2019, in the 103rd amendment of the constitution, it promises 10% reservations for the Economically Weaker Section (EWS) irrespective of the class with the already existing reservations for SC, SC, OBC, PwD, etc.
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