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‘50% ceiling in reservation only for SC/ST, OBC’: SC in EWS quota verdict

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The Supreme Court on Monday said the 50 per cent ceiling for reservation – which was fixed in 1992 in Mandal Commission case by a nine-judge bench – is applicable only to the SC/ST and OBC categories and the 10 per cent reservation economically weaker section (EWS) was over and above the limit.

Justices Dinesh Maheshwari, Bela M. Trivedi, and J.B. Pardiwala upheld the validity of the EWS quota. However, Chief Justice U.U. Lalit and Justice S. Ravindra Bhat, held the amendments by creating a different kind of criteria, becomes a gateway for further infractions which, in fact, would result in compartmentalization.

Justice Bhat, who authored the judgment for himself and on behalf of the Chief Justice, said: “The impugned amendments by creating a different kind of criteria, have to be viewed separately and that Indra Sawhney was confined to reservations in Articles 15(4) and 16 (4) is because permitting the breach of the 50 per cent rule as it were through this reasoning, becomes a gateway for further infractions whereby which in fact would result in compartmentalisation; the rule of reservation could dealt well become rule of equality or the right to equality, could then easily be reduced to right to reservation…”

He added that the observations of Dr B.R. Ambedkar have to be kept in mind that the reservations are to be seen temporary and exceptional or else they would “eat up the rule of equality”.

Justice Bhat said: “I find that there is no need for a specific finding on the 50 per cent cap, or its breach of the basic structure; however I deem it necessary to sound a note of caution, on the consequence of upholding the reservation, thereby, breaching the 50 per cent limit.”

He also sounded cautionary note as 69 per cent reservation in Tamil Nadu was pending adjudication and the majority view may seal its fate without hearing the parties concerned.

“The view of the members of this bench constituting the majority – that creation of another class which can be a recipient of up to 10 per cent of the reservation, over and above 50 per cent, which is permitted under Articles 15(4) or 16(4), in my considered opinion, therefore, has a direct bearing on the likely outcome in the challenge in that proceeding. I would therefore sound this cautionary note since this judgment may well seal the fate of the pending litigation – without the benefit of hearing in those proceedings,” he said.

On the other hand, Justice Maheshwari said the ceiling limit itself is not inflexible and in any case, and it applies only to the reservations envisaged by Articles 15(4), 15(5) and 16(4) of the Constitution.

He said that the 50 per cent ceiling proposition would obviously be applied only to those reservations which were in place before the amendment in question. “Prescription of ceiling limit of 50 per cent, being apparently for the benefit of general merit candidates, does not provide any justified cause to the candidates standing in the bracket of already available reservation to raise any grievance about extra 10 per cent reservation for the benefit of another section of society in need of affirmative action,” he said.

National News

Navi Mumbai: Kharghar Residents Halt PCMC Roadwork, Demand Permanent Fix To Pothole Woes

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Navi Mumbai: Residents of Kharghar, led by Kharghar Citizen Forum President Leena Garad, on Tuesday halted ongoing road resurfacing work near JJ Rasoi Hotel on the Utsav Chowk–Tata Hospital stretch, accusing the Panvel City Municipal Corporation (PCMC) of wasting public money on poor-quality, repetitive patchwork instead of providing lasting road solutions.

The protest came after newly resurfaced roads once again developed potholes within months of completion. “Every year, the same twenty to twenty-two spots in Kharghar develop potholes, and every year only patchwork is done. This cycle has continued for nearly eight years despite repeated complaints,” said Garad.

She added that in 2022–23, the forum had written to the civic body highlighting the recurring issue, and in 2024, they even conducted a micro-survey and submitted video proof demanding a permanent fix.

However, she alleged that instead of addressing the problem, the civic body launched roadwork projects worth Rs 200–300 crore after the Assembly elections, turning them into a “drama of pothole filling” meant for publicity rather than real improvement.

Garad further alleged that even well-constructed CIDCO roads, which earlier had no damage, were unnecessarily resurfaced through four contractors, resulting in fresh potholes.

“Roads that were smooth and strong under CIDCO have become pothole-ridden due to poor-quality, profit-driven work. Kharghar’s roads have turned into a gold mine for some contractors and officials,” she said.

After the citizens stopped the ongoing work, municipal officials arrived at the site and assured that no patchwork would be done and the entire road would be resurfaced properly. However, Garad questioned whether the civic body would act against companies allegedly linked to relatives of ruling party MLAs.

Calling it a case of “patchwork politics,” Garad demanded an independent expert audit of all Kharghar roads, legal action against responsible contractors and officials, and transparency in tender processes. She also urged the civic body to stop the annual farce of superficial patchwork and use modern, permanent repair technology.

“We are citizens, not subjects in a pothole empire. Our tax money should build durable roads, not fund corruption and repeated repairs,” Garad who was also a former corporator, asserted, warning that residents would continue to hold the administration accountable until lasting solutions are implemented.

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Punjab: Janata Party chief moves High Court for protection from arrest

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Chandigarh, Oct 15: A day after a confrontation between Chandigarh Police and Punjab Police over the custody, Janata Party president Navneet Chaturvedi, who allegedly forged the signature of legislators on nomination papers for the lone Rajya Sabha seat, on Wednesday moved the Punjab and Haryana High Court, seeking protection from arrest in the criminal case registered against him.

In the petition, Chaturvedi sought protection from arrest for 10 days and directions to the Punjab Police to produce the first information report (FIR) registered against him before the court. He also alleged attempts to abduct him by the Punjab Police on Tuesday.

Punjab Police have also moved a petition in the high court seeking his custody. After the FIR was registered in Ropar, a Punjab Police team went to Chandigarh to arrest him, but the Chandigarh Police took him into their custody.

Punjab Police on Monday reportedly registered multiple FIRs after several Aam Aadmi Party MLAs alleged that their signatures were forged on nomination papers submitted by Chaturvedi, who claims to be the national president of the Janata Party for the Rajya Sabha bypoll.

Advocate General Maninderjit Singh Bedi and Additional Advocate General Chanchal Singla sought transfer of custody of the accused to the Punjab Police, and initiation of contempt and departmental action against the officials responsible for defiance of court orders.

The Punjab Police have initiated legal action following receipt of complaints from sitting Members of the Punjab Vidhan Sabha (MLAs) regarding the alleged forgery of their signatures on nomination papers submitted by Chaturvedi.

A spokesperson for Punjab Police on Monday said the complainant MLAs have stated that they received messages and social media posts indicating that their names had been mentioned as proposers in the nomination papers filed by Chaturvedi before the Secretary of the Vidhan Sabha. Chaturvedi has filed two nominations, one on October 6 and another on October 13.

In their complaint, MLAs stated that it was found that a handwritten list of proposers, purportedly bearing the signatures of these MLAs, had been attached to the nomination papers, and the same was being circulated on digital platforms.

The MLAs have categorically denied having signed or supported the said nomination, and have alleged that their names and signatures were forged and fraudulently used without consent.

The forged documents, submitted before a constitutional authority, constitute a serious offence involving forgery, cheating, and criminal conspiracy. Based on these complaints, FIRs have been registered at different police stations in the constituencies of the complainant MLAs against said Chaturvedi.

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National News

MVA Leaders, Raj Thackeray Meet Maharashtra CEO Over Voter List Issues

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Mumbai: Maha Vikas Aghadi (MVA) leaders, along with MNS chief Raj Thackeray, visited the Maharashtra Election Commission office in Mumbai on Wednesday for a meeting with the Chief Election Officer (CEO).

Shiv Sena UBT chief Uddhav Thackeray, UBT leader Aaditya Thackeray and Congress leader Vijay Wadettiwar were also present in the election meeting.

Speaking to reporters, Uddhav Thackeray stated that they have demanded that the poll panel rectify the voter list and conduct elections after rectification.

The Shiv Sena (UBT) chief said, “Before the assembly elections of 2024, MVA had written a letter to the EC that the BJP is adding people to the voter list because it wanted to bring to your notice. We had clearly stated that until these flaws are rectified, elections should not be conducted. Also, another important point raised is that those till 31st July who have turned 18 years will only be allowed to vote. The cutoff of July 31st is unacceptable.” “Our first focus is to rectify the voter list and then prevent vote theft… We have an objection to EVM. Now, they don’t want to use VVPAT. Is it because they want to destroy the proofs? It is against democracy. When all party delegations met the Election Commission, we also called the BJP leaders, but they did not attend the meeting…” he added.

Meanwhile, in a post on X, Congress leader Vijay Wadettiwar said that they met the Election Commission officials to discuss the need to ensure that the upcoming local body elections in the state are completely transparent, fair and uphold democratic values.

The post reads, “A multi-party delegation met with the Chief Election Officer and the State Election Commissioner today to discuss ensuring that the upcoming local self-government institution elections in the state are conducted in a completely transparent, impartial manner, upholding democratic values. The foundation of democracy is trust and transparency; to sustain this trust, it is essential that every election process is flawless. This demand was made on this occasion.”

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