Whatever name it may be called, reservation or classification or a quota, the GR could hardly be covered under any known canons of protective discrimination, the court observed.
The state’s contention that their decision would bring parity and reduce social and emotional problems faced by SSC students has been brushed aside by the court stating that such an act would be impermissible as a decision based on emotion could hardly substitute statutory provisions.
Besides, 90 per cent reservation led to the ousting of other board students seeking admission. The court said that the maximum reservation could not exceed 50 percent and even that would have to be examined.
Following the verdict, the state government sought a stay to move the Supreme Court which was rejected by the court in view of the already delayed admissions.