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The Supreme Court Thursday held that its 2004 verdict holding that states shouldn’t have the ability to additional sub-classify the Scheduled Castes and Scheduled Tribes, for grant of quotas in jobs and admissions to academic establishments, needs to be revisited.
A five-judge bench headed by Justice Arun Mishra mentioned the 2004 verdict of a structure bench within the E V Chinnaiah case needs to be reconsidered and, subsequently, the matter be positioned earlier than the Chief Justice of India for applicable path.
The bench, additionally comprising Justices Indira Banerjee, Vineet Saran, M R Shah and Aniruddha Bose, mentioned in its view the 2004 verdict was not appropriately determined and states could make legal guidelines to give preferential remedy by subclassifying caste inside SC/STs.
The bench referred the case filed by the Punjab authorities towards the excessive court docket order earlier than CJI Justice S A Bobde for organising of a bigger bench to revisit the sooner verdict.
The Punjab and Haryana excessive court docket had struck down a state legislation empowering the federal government to sub-classify SC/STs for grant of quotas.
The excessive court docket had relied on the 2004 verdict of the apex court docket and held that the Punjab authorities was not empowered to undertake the train of sub classifying SC/STs.
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