By then the %u201CCommunal GO%u201D was challenged. In 1950, two litigants, Shanbagam Duraiswamy, and CR Srinivasan approached Madras High Court, stating that they were denied admission in the medical college because of the state%u2019s education policy. Duraisamy claimed that she had applied in a medical college but could not get admission. Her case was argued in court by Alladi Krishnaswamy Iyer, a former Attorney General who was also a member of the Constituent Assembly. Srinivasan, whose case was represented by a retired judge, VV Sreenivasa Iyengar, stated that he could not get admitted despite having an engineering degree as he was a Brahmin. Madras High Court accepted the arguments and struck down the GO, stating that it went against Article 29 (2) of the Constitution. (No citizen shall be denied admission into any educational institution maintained by the state or receiving aid out of state funds on grounds only of religion, race, caste, language or any of them). The Supreme Court also upheld the High Court verdict. Later, it turned out that Duraiswamy had not even applied for admission in a medical college in 1950 and had completed her BA in 1934. The wide protests in Tamil Nadu following the Supreme Court verdict led to the first constitutional amendment ~ an addition of another clause in Article 15 (prohibition of discrimination on the basis of religion, race, caste, sex and place of birth) and restored reservation in the state. The added clause said that a state shall not be prevented from making special provision for educationally and socially backward classes, including SCs and
RE:for the bostonpunekar;
by BostonPunekar on May 01, 2007 10:14 PM Permalink
you are forgetting 3 things very convinently wihch the constitution has said and when I say those u will unfortunately will have to eat your own words.
1>>Dr Babasaheb Ambedkar in the constitution had said that reservation be given for SC's and STs for 10 years only. And that it be discontinued after 10 years after they are implemented.Its 60 years after the reservation policy and its still being continued..so tell me what is unconstitutional, following what is given constitution , or convinently ignoring whats there for own selfish gains.
2>> Reservation was to be given to untouchables and that had included the SC's , the B.C's and the ST's. There is absulutely no mention whatsoever of OBC's in the constitution. O.B.C's were added as a conviniently and electoraly suitable class to gain political milage. OBC's were never untouchables.
3>> Reservation should never increase the 50% mark is what the constitution says.How can you have 89% reservation?? So making 89% percent reserved seats how are you following the constitution????
I really feel so soory for you. Now you have to eat your words...!
RE:for the bostonpunekar;
by dinesh kumar on May 01, 2007 10:22 PM Permalink
hey,how removed from reality are u. reservation for the other backward classes is provided in the constituion. everything that has been done has been done in parliament . is the dmk alone in parliament? every party from every state in india has voted for the continuation of reservation. does that make any sense to u?
RE:RE:for the bostonpunekar;
by BostonPunekar on May 01, 2007 10:29 PM Permalink
nowhere in India does reservation exceed 49%.
It is only only only only only in Tamilnadu that it is 89%.
Its is totally a unconstitutional activity and you may google to find out the umpteen Supremne court judgements that have clearly stated that by constitution reservation cannot exceed 49% anywhere in the country..(which obviously means India).
So nothing of sort that permits reservation exceeding 49% has ever taken place as a law in the Parliament of India.
Tamilnadu on its own continues to disobey the law and continues to have 89% reservation.
RE:for the bostonpunekar;
by Sriram Vanamamalai on May 01, 2007 10:29 PM Permalink
Does it make sens to you that by seeking reservation you only take the nation backward. Who cares that will be your attitude. You guys want everything free. Does hard work mean anything to you at all? Oh I know you cant compete you lack the instinct and afraid of competition is that right Mr Dinesh. If not prove to the world. If not for these fractured policies and empty minds India would have gone way far ahead. Look at Japan they were destroyed yet they were able to bounce back because there is no selfish group out there seeking RESERVATIONS.
