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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.

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Shia Maulana Imran Raza Ansari was supported by Shia Maulana Rajani Hasan Ali Gujrati and Shia Leader Syed Liaquat Manzoor Mousavi in ​​Jammu and Kashmir assembly elections.

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Vadodara/Srinagar, September 28: Shia Maulana Rajani Hasan Ali Gujrati And Syed Liaquat Manzoor Mousavi from Srinagar have strongly supported Shia Maulana Imran Raza Ansari in the 2024 assembly elections in Jammu and Kashmir. In their joint statement, they said that only with the right leadership can a province develop, and its citizens can enjoy a bright future because of a clear vision for development and education and effective implementation of policies.

A person with strong leadership skills to ensure accountability, integrity and transparency can only benefit the nation. And a leader who prioritizes education can increase funding, build new schools, and provide scholarships, making education more accessible to all. By recruiting qualified teachers, introducing innovative curricula, and promoting digital learning, educational standards can be significantly raised, vocational training and skill development programs can prepare young people for the workforce, and which can reduce unemployment. And to get these benefits, it is very important to choose a leader like Maulana Imran Raza Ansari along with it. That is why we are determined to support Maulana Imran Raza Ansari, a strong leader who can attract investment, create jobs, and develop essential infrastructure like roads, hospitals and public transport. . By promoting business-friendly policies and fostering entrepreneurship, a province can improve economic growth, reduce poverty and improve quality of life. A compassionate leader can address social issues such as health care, sanitation and housing. can implement remedial programs, which are very effective in ensuring a better quality of life; Mr. Liaqat Manzoor Mousavi, a well-known personality of Jammu and Kashmir from Srinagar, said that Maulana Imran Raza Ansari is an honest and compassionate politician who is always concerned about solving the problems of people of all religions.

Therefore, to ensure the victory of Maulana Imran Raza Ansari from Patan Baramulla Assembly Constituency, the youth of the nation should show political awareness and foresight so that every single vote goes to Maulana Muasoof, which ensures his victory and Maulana Sahib. will be provided an opportunity for national services and that is the reason for the happiness of Kashmir, Jammu and Kashmir needs a leading and visionary politician like Maulana Imran Raza Ansari Sahib after the removal of Article 370, whose problem is Jammu. And there is a need for a prominent role in solving the Kashmir problem, which is not possible without a Shia leader.

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Gujarat: 27 Tamil Nadu Pilgrims Stranded On Flooded Causeway Rescued In Overnight Operation In Bhavnagar

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In an overnight operation, 29 persons, including 27 pilgrims from Tamil Nadu and Puducherry, were rescued from a bus that was stranded on a flooded causeway in Gujarat’s Bhavnagar district, officials said on Friday.

The bus got stuck on the raised path on a stream near Koliyak village on Thursday evening, said District Collector RK Mehta, who was at the spot to supervise the rescue operation that went on for nearly eight hours.

“The pilgrims were headed towards Bhavnagar city after visiting Nishkalank Mahadev temple near the village. Due to heavy rains in the region, the causeway on the river was submerged. Despite that, the bus driver decided to cross the river,” said Mehta.

However, due to the force of the water, the front of the bus dipped into the river while the rear remained stuck on the causeway, he said.

During the operation, rescuers reached the site in a mini-truck and transferred all the 27 pilgrims from the bus, its driver and cleaner to the vehicle through the rear window of the bus, he said.

But there was more challenge ahead. The mini-truck carrying the 29 persons also got stranded on the causeway, said Mehta, adding that most of the pilgrims were senior citizens.

“We then sent a large truck and transferred these 29 persons on that vehicle. Around 3 am, after nearly eight hours, all of them were brought to safety. We provided them with accommodation and food in Bhavnagar. We have also conducted their medical tests,” said the collector. 

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Haryana Assembly Elections 2024: Congress Leader Rahul Gandhi To Address Rallies In Assandh & Barwala Constituencies Today

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New Delhi: Top Congress leader Rahul Gandhi is set to campaign for Haryana Assembly elections on Thursday by addressing rallies in Assandh and Barwala constituencies, where the party is expected to project unity within, as the central leadership has managed an uneasy truce among warring leaders.

Who Will Be Joining Congress Leader Rahul Gandhi’s Rally?

Kumari Selja, who has been keeping away from the campaign, will join Rahul’s rally along with her inner-party ally Randeep Surjewala and former Haryana Chief Minister and senior Congress leader Bhupinder Hooda, amid poll managers indicating that the factional war has been impacting the cadre and electioneering.

The temporary truce came after Selja met Congress President Mallikarjun Kharge on Sunday for a long meeting to hear her grievances and on Tuesday on her birthday. Selja has announced her decision to restart her campaign but has minced no words in public about her antipathy towards Hooda.

On Wednesday, she posted on ‘X’ her campaign plans for Thursday, which includes Rahul’s rally and three other public meetings in Tohana and Hisar. Rahul is expected to campaign in Haryana for another three days.

Star Campaigners’ Absence Sparks Concerns In Haryana Elections

Amid questions about the absence of star campaigners Rahul and General Secretary Priyanka Gandhi Vadra in Haryana, a section in the party claimed that they were holding back their top guns for the final push but sources indicated that Rahul was upset with the way electioneering was managed. Incidentally, Rahul was not present at the launch of seven guarantees for Haryana on September 18 though he was in the national capital with sources saying that he was not happy with the way the manifesto is being formulated. He was of the view that there was no process and guarantees were announced prior to the formal launch by state leaders at their whims and fancies. No reason was given for his absence from the launch, which was attended by Kharge.

Rahul was also upset with the way factionalism intensified after candidate selection with Selja keeping off campaign for almost two weeks while Surjewala was restricted to a few pockets.

Before leaving for the US earlier this month, he had asked the leadership to reconvene a Central Election Committee meeting, which had completed its exercise, to address concerns of Selja and Surjewala. He was also not happy with the Hooda camp for not being accommodative.

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