Breaking: Plea In SC Challenges Ordinance Doing Away With Subject-Wise Reservation For Teachers In Colleges [Read Petition]

A day after the Centre promulgated the Ordinance to overturn the Supreme Court's verdict providing for subject-wise reservation in teaching posts in universities/ colleges, a petition was filed in the apex court on Friday praying that the Ordinance be struck down.

Petitioners Prathvi Raj Chauhan and Priya Sharma moved the Supreme Court seeking a stay on the to stay on the provision of The Central Education Institutions (Reservation in Teachers' Cadre) Ordinance 2019 promulgated by the President while also praying that the same be struck down.

The petition urges that the Ordinance is not just inconsistent with the basic principle of equality as it clubs all teaching posts in a varsity or college as one single unit but is also unethical as it seeks to overturn a well-descriptive and reasonable order of the Supreme Court.

It is to be noted that in January, the Supreme Court had upheld the decision of the Allahabad High Court by which it was held that appointment for the post of professors in University must be subject wise rather than treating varsity as one unit as the same may could result in some department having all the reservation and some department having only unreserved candidates.

The Supreme Court had even dismissed the review petition moved by the University Grants Commission. The decision led to nationwide protest and political stir.

On March 7, the Centre promulgated the Central Education Institutions (Reservation in Teachers) Ordinance 2019 which states that a college would be treated as one unit for reservation and the same would not be subject or department wise, as held by the Allahabad High Court and upheld by the apex court.

"Clubbing seats across departments and considering College/Institution as one unit "violates Article 14 [equality before the law] and Article 16 [equality of opportunity in matters of public employment] of the Constitution". As teachers in different departments are neither transferable nor they are in competition with each other. It could result in some departments having all the reservations, and some departments having only unreserved candidates,

says the petition.

The petitioners challenged the relevant portion of the Ordinance in which provision 3 (1) provides that "Notwithstanding anything in any other law for the time being in force, there shall be reservation of the posts in direct recruitment out of the sanctioned strength in teachers' cadre in a Central Educational Institution to the extent and in the manner as may be specified by the Central Government by notification in the Official Gazette.

(2) For the purpose of reservation of posts, a Central Educational Institution shall be regarded as One Unit.

The petition says the promulgation of this Ordinance is a "rare move adopted by the central government, to get the political mileage and under pressure from alliance partner and also worried over the prospects of antagonizing huge vote bank ahead of next year Lok Sabha elections" and added that without any discussion or debate in parliament the Ordinance was promulgated which depicts the malicious intention of the Government.

**Second attempt to undermine judiciary

In an indirect reference to the Government undoing the Supreme Court verdict to curb indiscriminate arrests under the SC/ST Prevention of Atrocities Act, the petitioners said, "The three pillars of democracy are legislature, executive, and judiciary however the present government is undermining the Judiciary by overturning the judgment of this Hon'ble court without any discussion and debate. It happened second time with in the period of nine months".

Praying that the Ordinance be quashed, the petitioners said, "The Indian judiciary has been known for its progressive and transformative role and it is time for them to assert their role in making a nation where everyone gets a fair chance".

"It quite convincingly appears that the government is undermining the other Democratic Institutions and their powers, now the government has used the emergent power under Article 123 into a source of law- making that is unethical to the scheme of the Constitution. Ordinances to overturned the Hon'ble Supreme Court Judgment is unethical and violating the spirit of the Constitution. The court's verdict has to be seen as placing a vital check on what has until now been a power rampantly abused by the executive. Therefore, negligence/failure of governments, at the Centre as well as states, to place ordinances would in itself be constituted as a fraud on the Constitution and the same cannot be allowed in the good spirit of law and order," says the petition.

The petitioners relied on D C Wadhwa vs State of Bihar and also the case titled R C Cooper vs Union of India wherein the court had held that an ordinance can be challenged on the ground that immediate action was not required and the same had been passed only to by-pass a debate and discussion in the legislature.

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