SC refuses to entertain plea against Telangana's order on 42 pc quota to Backward Classes

New Delhi, Oct 6 (PTI) The Supreme Court on Monday refused to entertain a plea challenging the Telangana government's order to provide 42 per cent reservation to the Backward Classes in local bodies.

After a bench of Justices Vikram Nath and Sandeep Mehta showed its disinclination to hear the plea filed under Article 32 of the Constitution for the protection of fundamental rights, the counsel appearing for the petitioner withdrew it with a liberty to approach the high court.

The petitioner had challenged the Government Order (GO) issued on September 26, 2025, providing a 42 per cent quota to Backward Classes, saying it raised the total reservation in local bodies to 67 per cent.

The plea claimed the GO breached the 50 per cent ceiling on reservations laid down by the court in its verdicts.

At the outset, the bench asked the petitioner's counsel as to why he had approached the apex court directly with a petition under Article 32, which gives citizens the right to approach the Supreme Court for constitutional remedies when their fundamental rights are violated.

The petitioner's counsel said some petitioners had approached the Telangana High Court, which posted the hearing on October 8. He said the high court refused to stay the GO.

"If the high court does not grant a stay, you will come here in (Article) 32?" the apex court bench asked.

The petitioner's counsel requested the bench to allow him to withdraw the petition with liberty to approach the high court for appropriate reliefs.

"The petition is accordingly dismissed as withdrawn with liberty as prayed," the bench said.

The petitioners before the high court have contended that the provision of 42 per cent reservation in the ensuing local body elections would exceed the cap of 50 per cent reservation which is illegal and contrary to the law laid down by the top court.

The high court had earlier directed the state government and the State Election Commission to conduct elections to the gram panchayats by September 30.

Fulfilling an election promise, the Congress government in Telangana issued an order to provide 42 per cent reservation to Backward Classes in local bodies.

The GO said Article 243 D (6) of the Constitution empowers the state to make any provision for reservation of seats in any panchayat or offices of chairpersons in the panchyats at any level or in favour of Backward Classes of citizens.

It said the government conducted the Socio-Economic, Educational, Employment, Political and Caste (SEEEPC) survey, which has thrown light on the relative economic, social, educational, employment and political status of different castes in the state.

The one-man commission, appointed by the state government for analysing the empirical data of the SEEEPC survey and other relevant data for recommending the percentage of reservations for Backward Classes in local bodies, suggested at least 42 per cent quota in political representation, particularly in local bodies, the GO said.

After careful consideration of the Commission's recommendations and in view of the Backward Classes population and their inadequate political representation, the government concluded that it was necessary to revise the existing level of reservation in local bodies to 42 per cent for their welfare and advancement, it said. PTI ABA RT