Senior advocate Shyam Divan, also representing petitioners against Maratha reservation, cited various judgements during the day-long hearing, as he insisted there is no need to refer the matter to a 11-judge bench.
Supreme Court
"Please do not allow reservation in that category. This should be completely on merits," he said, noting that the general category faces stiff competition as 72 percent of seats in medical PG courses are reserved for different categories. The top court will continue to hear the matter on Tuesday. On March 8, the Supreme Court had said the 50 per cent cap on reservation laid down by a 9-judge bench in 1992, could be re-examined in view of subsequent constitutional amendments and the socio-economic changes that has followed.
The top court posed six queries while hearing a batch of petitions challenging the constitutional validity of the Maratha reservation. The Constitution bench headed by Justice Bhushan said: "Whether judgment in case of Indra Sawhney v. Union of India needs to be referred to larger bench or require re-look by the larger bench in the light of subsequent Constitutional Amendments, judgments and changed social dynamics of the society etc?"
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