Describing it as premature, the Supreme Court on Monday rejected a special leave petition challenging the bifurcation of Andhra Pradesh into two States to form a separate State of Telangana.
A Bench of Justices H.L. Dattu and S.A. Bobde dismissed the SLP filed by advocate P.V. Krishnaiah against a judgment of the Andhra Pradesh High Court rejecting his plea. Justice Dattu told the petitioner, who argued in person, that “It was still premature. We cannot go into it till the Andhra Pradesh Assembly takes a decision”. When the petitioner said that the High Court had dismissed the issue on merits, Justice Dattu said he was at liberty to approach the appropriate forum after the AP Assembly took the decision on the Bill.
In his petition, Mr. Krishnaiah said that the State of Andhra Pradesh was formed merging Andhra state and part of Hyderabad State i.e., Telangana region on November 1, 1956. The request for formation of a separate Telangana was rejected in 1969 and 1972 and the Constitution was amended in 1973 inserting Article 371(D) to provide local reservations for candidates in employment and education to avoid regional imbalances. He said that the Centre does not have the authority under Article 3 to divide a State.
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