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A bench of Justices S A Bobde and B R Gavai issued notice to both the states on the plea claiming that all the other state governments have implemented the 103rd Constitutional Amendment Act, 2019, which granted 10 per cent reservation to EWS category in government jobs and educational institutions.
“Neither Tamil Nadu nor Karnataka have implemented or enforced the Constitutional Amendment Act, 2019 till date,” the plea said.
The petition filed by advocate G S Mani sought that the two states make special provisions for its implementation.
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The plea said that Tamil Nadu has granted 69 per cent quota to SCs, STs, BCs and MBCs whereas the percentage of reservation in Karnataka stands at 70.
The petition also said that some of the regional parties in Tamil Nadu were strongly opposing the 10 per cent reservation for EWS for some political reasons and the ruling party in the state was also critical of it.
It said that the ceiling of 50 per cent vertical reservation for SC, ST and BC is nowhere prescribed or mandated in the Constitution.
“The ceiling of 50 per cent vertical reservation for SC, ST and BC is a suggestion or discussion but not a mandatory direction to the central or state to adopt,” the plea said.