SC sets aside Gauhati HC order refusing plea against Mizoram notification on ST quota

The apex court observed that Gauhati High Court should not have dismissed the petition on the ground that a reference was pending before a constitution bench and ordered the restoration of the petition in the High Court’s files.

New Delhi:The Supreme Court on Monday set aside a Gauhati High Court order declining to entertain a plea for quashing a notification by Mizoram government, which arbitrarily sub-classified the Scheduled Tribes in the state while allegedly discriminating against non-Mizo Scheduled Tribes.

A bench headed by Chief Justice of India D Y Chandrachud observed that the High Court should not have dismissed the petition on the ground that a reference was pending before a constitution bench and ordered the restoration of the petition in the High Court’s files. The top court observed that there is merit in the petitioner's argument that mere reference in the E V Chinnaiah judgment is pending before a larger bench should not be a ground to dismiss the petition.

It permitted the student body to move the High Court for any future relief. In June this year, the high court dismissed the plea saying that a legal question in connection with the state government’s notification was pending before a Constitution bench of the apex court. In May 2021, Mizoram (Selection of Candidates for Higher Technical Courses) (Amendment) Rules was notified.

The counsel, representing the Mizoram Chakma Students’ Union, submitted that the notification reserves 93% seats in higher technical education for permanent residents of Mizoram belonging to Category I, consisting solely of the Zo ethnic tribe or the majority Mizos. It was contended that only 1% of seats were designated for children of other local permanent Scheduled Tribe (ST) (Non-Zo) residents of Mizoram, placed in Category II.

The High Court rejected the plea by the students’ body saying that the judgment in the EV Chinnaiah case was referred to a seven-judge Bench in 2020 by the apex court. The Mizoram government contended before the apex court that it had already declared a provisional NEET 2023 merit list without any sub-classification of the Scheduled Tribes and three candidates belonging to the Chakma are on this list.