A bench comprising Chief Justice T S Thakur and justices A M Khanwilkar and D Y Chandrachud listed the matter for August 22 after Attorney General Mukul Rohatgi submitted that he would not be available on a date already fixed for hearing of the plea.
While quashing the ordinance, the high court had stayed the operation of its order by two weeks on the request of the state government to enable it to file an appeal in the apex court.
The court had observed that 10 per cent reservation for poor among the unreserved category takes the total quota beyond 50 per cent, which is not permitted as per the apex court's earlier decision.
The high court had also said that the government took the decision without any study or scientific data.
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Their petitions were heard together.
The state government had said that the reservation is actually "a further classification in the general, open, unreserved category" and does not violate either the Supreme Court order or the constitutional provisions.
The state government, in its affidavit, said the ordinance does not violate provisions of the Constitution nor does it go against the apex court orders.
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