Particle.news

Download on the App Store

Telangana High Court Questions 42% BC Quota Order, Sets October 8 Hearing

The bench asked how a GO could be issued while amendment bills await assent, keeping the challenge alive regardless of any poll notification.

Overview

  • The state issued GO MS No. 9 on September 26 to provide 42% reservation for Backward Classes in local bodies and told departments to earmark seats before the poll schedule.
  • Petitioners said raising the BC quota to 42% would push total reservations with SC and ST to about 67%, breaching the Supreme Court’s 50% ceiling and the cap in Section 285A of the Panchayat Raj Act.
  • The High Court issued notice to the government and adjourned substantive hearing to October 8, clarifying that the writs will be heard on merits even if election notifications are issued.
  • The bench questioned the propriety of using a government order while amendment bills are pending with the Governor and directed that any move must comply with constitutional and legal limits.
  • The government cited legislative competence, empirical findings from the SEEEPC survey, and a commission’s recommendation for at least 42% representation, noting the bills were unanimously passed but await assent.