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5% marks benefits to reserve category

(Querist) 26 February 2016 This query is : Resolved 
The social and economic conditions of many people of open category is pathetic, and many times pathetic than those who belong to reserve category and gets 5% marks benefit. E.g. A belongs to open category earns 50k per annum and B belongs to reserve category earns 1.5lacs per annum, Here A has 44.99% marks and B has 40% marks, yet A is not eligible for admission to professional or law course and B is eligible and seeks admission.
What can be done to stop this discrimination
Advocate/CS Sanjeev Kataria (Expert) 27 February 2016
get elected yourself for parliament and raise the question there, you can ask the legal query here,
Guest (Expert) 27 February 2016
Mr. Mitesh Varshney,

You cannot do anything, as the law has been made by your own elected representative in the Parliament of India and would remain intact unles they decide to amend the constitution. You are, however, free to challenge the validity of the constitutional article through a PIL in the SC on the issue of reservation on the basis of equality before law.
Rajendra K Goyal (Expert) 27 February 2016
Law has to be followed till it is changed.


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