New Delhi: The Supreme Court on Monday issued notice to the Telangana government and the AP Backward Classes Commission on a petition challenging the GO to exclude 26 communities from the Backward Classes list and denying reservation benefits to them. A bench of Chief Justice H.L. Dattu and Justice Amitav Roy said hearing on this matter would be expedited.
The petitioner who challened the exclusion of 26 communities from the Backward Classes list said the Telangana government, while exercising its power to adapt a law under Section 101 of the AP Reorganisation Act, 2014, had wrongly excluded the communities, contrary to the AP Commission for BC Act and various judgements of the apex court.
It said the facilities provided by the BC Act ought to be continued to the people of Telangana. Once the facilities provided by the Act are made applicable to Telangana, any exclusion of a BC community from the list has to be done on the recommendations of the Backward Classes Commission.
The exclusion of 26 communities from the list of BCs was sought to be done through an executive order which is not permissible. The GO is illegal and arbitrary and liable to be struck down, the petition said.
It said notwithstanding the bifurcation, access to higher education should continue to be the same for a period of 10 years and communities hitherto having the benefit of reservation in the erstwhile composite state of AP should continue to avail the same whether they are in AP or in Telangana without any discrimination.
Meanwhile, in a batch of related petitions seeking admission to medical colleges by four affected students, the bench disposed of three petitions after Attorney General Mukul Rohatgi appearing for Telangana submitted that admission process in medical colleges had been completed and there are no vacant seats. In respect of one student, who had paid fees, the bench posted it for further hearing on September 24.
