The state government moved the apex court after the Orissa High Court, in its April 17 order, had rejected its first appeal against the Administrative Tribunal's order of 1998, refusing to recognise appointments to state civil services under the new quota scheme beyond 50 per cent limit in view of the clear-cut guidelines of the apex court.
After the Mandal case judgement, the Orissa government, in April 1994, had issued a notification fixing the OBC reservation at 11.25 per cent to make the total reservation at 50 per cent. But the OBC quota was extended to 27 per cent in December the same year by inserting an exception clause in the notification, stating that the raise of 15.75 per cent would be beyond the Mandal case verdict of the apex court.
Both the Administrative Tribunal and the high court had rejected such a stand of the state government.
The apex court is already examining the violation of 50 per cent cap by Tamil Nadu, which had put its law in the Ninth Schedule, taking it out of judicial review.
But the apex court, in its historic judgement last year, had held that any law which hit at the basic structure of the Constitution was subject to judicial review. In view of the ruling, the court is now examining the validity of the Tamil Nadu reservation law also.
Source- TRIBUNE, July-28, 2007
