Reservation In Private Unaided Educational Institute

This petition is about the reservation policy being introduced by the legislatures by amending the constitution. The said amendment in the constitution would enable the state to have reservations in the private unaided educational institutes.

The contention is that, the Constitution is not any ordinary peace of legislation that could be amended at the whims and exgencies of any political parties. The premble says that "We The People of India, give to ourself" and not "We the Politicians of India, inflict upon the citizens of India". Hence the parliament has no right or power to amend the constitution on such a critical and sensitive point, without taking into confidence the citizens of this nations, by public polling and public discussions and suggestions, the parliament could not amend the constitution without that.

Hence by this petition it is submitted and prayed that parliament has no power to alter the basis frame work of the consitution by allowing reservation in Unaided private educational institute. It is trait law that the govt. cannot confer on the citizens or any private institute with the duties solely casted upon for its performance on the state bodies.

More over when the Supreme Court has already on the anvil of constitution and public policy has alredy declared such reservation system as ultra vires, then the parliament cannot over rule or supersed such decision of Supreme Court, as it would be overreaching the courts judgment. What cannot be done directly cannot be done indirectly is a rule of law, hence when the Court have held that such a practice cannot be allowed, then by bringing such amendment in constitution, the parliement cannot do such act.

Allowing such practice would make political parties offen over rule the judgment of Courts for their own purpose, and there would no meaning of any word of the courts, and once again india would be under the chains of slavery of politicians infringing their fundamental rights.

Thus By the act of this petition it is prayed that the parliament do not make any change in the constitution without helding a public polling or public discussion. And any such act done without such predomination of public shall be null and void ab initio.