The order was passed by the Lucknow bench comprising Justice V K Shukla and Justice B K Srivastava yesterday on a PIL filed by Hindu Front for Justice, which includes 10 local lawyers.
The petitioner had sought direction to quash the provision of the scheme providing 25 per cent reservation to minority community.
It alleged that such provision was against constitutional provisions.
The bench observed much emphasis has been laid by the petitioner that the government cannot distribute public money on the basis of caste, creed and religion as it is strictly prohibited under Article 15 of the Constitution.
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The court said that under such situation there was no occasion to consider a stay application and hearing on it was deferred.
The bench said if any action was taken for distribution of money, liberty was granted to the petitioner to approach this court.
It granted three weeks' time to the government for filing counter affidavit and fixed November 7 as the next date of hearing.