The State Of Punjab & Anr v. Anshika Goyal & Ors

The State Of Punjab & Anr v. Anshika Goyal & Ors

(Supreme Court Of India)

Petition(s) for Special Leave to Appeal (C) No(s). 19396/2019 WITH SLP(C) No. 19540/2019 | 27-08-2019

1. Heard Mr. K.K. Venugopal, learned Attorney General appearing on behalf of the petitioners as well as Mr. P.S. Patwalia, learned senior counsel appearing on behalf of respondent No.4.

2. Issue fresh notice to the unrepresented/unserved respondents.

3. After hearing the matters at some length, we deem it appropriate to have final hearing in the matter as main question arises with regard to validity of classification made as to Government seats and institutions seats for the purpose of reservation in question. Fact remains other reservations have been applied to all seats in private institutions. However, after hearing the learned counsel for the parties and considering the decisions in “T.M.A.Pai Foundation & Ors. Versus State of Karnataka & Ors.”, (2002)8 SCC 481 [LQ/SC/1996/1609] and “Gulshan Prakash (DR.) & Ors. Versus State of Haryana & Ors.”, (2010) 1 SCC 477, [LQ/SC/2009/2078] without expressing any opinion on merits, we are of the view that there shall not be a blanket stay on the order passed by the High Court. However, the High Court has enhanced the sports quota from 1% to 3%. That cannot be said to be appropriate as the Government has notified only 1% sports quota on horizontal business. The part of the impugned order with respect to enhancing quota from 1% to 3% shall remain stayed till the final decision by this Court. With respect to remaining part there shall be no stay.

4. Counseling to take place by 7th September, 2019. Only 1% reservation be implemented with respect to sports quota. Counseling be held as per order passed by the High Court with other aspects.

5. List the matters in the month of October, 2019.

Advocate List
Bench
  • HON'BLE MR. JUSTICE ARUN MISHRA
  • HON'BLE MR. JUSTICE M.R. SHAH
  • HON'BLE MR. JUSTICE B.R. GAVAI
Eq Citations
  • (2022) 3 SCC 647
  • (2022) 1 SCC (LS) 559
  • LQ/SC/2019/1966
Head Note

A. Education and Universities — Reservation — Reservation in Medical/Engineering Colleges — Validity of classification made as to Government seats and institutions seats for the purpose of reservation in question — Other reservations applied to all seats in private institutions — Held, without expressing any opinion on merits, there shall not be a blanket stay on the order passed by the High Court — However, High Court enhanced sports quota from 1 to 3 — That cannot be said to be appropriate as the Government has notified only 1 sports quota on horizontal business — Part of impugned order with respect to enhancing quota from 1 to 3 shall remain stayed till the final decision by Supreme Court — With respect to remaining part there shall be no stay (Paras 3 and 4) B. Education and Universities — Reservation — Reservation in Medical/Engineering Colleges — Counseling to take place by 7th September 2019 — Only 1 reservation be implemented with respect to sports quota — Counseling be held as per order passed by High Court with other aspects (Paras 4 and 5)