SC criticises Govt over reservation issue in private colleges

SC criticises Govt over reservation issue in private colleges August 23, 2005

Hindustan Times

The Supreme Court on Tuesday severely criticised the Centre for being extremely critical of the recent seven-judge Bench judgment declaring that there should be no reservation or state quota in private unaided professional colleges.

"Why are we told time and again by the Government that it is not taking a confrontationist attitude? Who is taking a confrontationist attitude?" a three-judge Bench headed by Chief Justice RC Lahoti asked Attorney General Milan Banerjee during a hearing of a petition seeking Schedule Caste status to Dalit Christians.

The Court said what the seven-judge Bench ruled was a reiteration of the eleven-judge Bench judgment and the five-judge Bench judgment thereafter.

"If this is the attitude of the Government to go after a judgment without understanding it, then wind up the courts and do whatever you want," the Chief Justice said.

When the Attorney General and Additional Solicitor General Gopal Subramaniam said that they respect the courts, the Bench said, "should you not tell your clients to give the respect the court’s deserve?"

The Bench said if this is the attitude of the Government towards the court then, "We will go on doing our duty and let them do theirs."

The Court said both the eleven-judge and five-judge Bench judgments followed by the seven-judge Bench judgment told the Government to come out with a legislation.

"You are talking about confrontation," the Bench asked, indicating the Government had failed to understand the seven-judge Bench judgment.

The Court, taking exception to the tenor of the statements emerging out of the Government on the seven-judge Bench judgement, said, "You must advise the Government to exercise self-restraint".
"If that is your attitude then let us do our duty and you continue doing yours," the Chief Justice said.



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