Government petitions SC for 4.5% sub-quota within reservation for OBCs

NEW DELHI: The Centre on Saturday petitioned the Supreme Court challenging the Andhra Pradesh high court verdict quashing the 4.5% minority sub-quota within the 27% reservation for other backward classes (OBC) in central educational institutions. Its argument: Muslims in the OBC category are often artisans and craftsmen, who, vis-a-vis peasant communities in the category are the more backward among the backward classes.

The HRD ministry's special leave petition, which will be argued by attorney general G E Vahanvati before a two-judge vacation bench on Monday, sought an ex parte stay of the HC order to enable implementation of the minority sub-quota in admissions to Indian Institutes of Technology (IITs) in this academic session.

The petition said the HC had got the core facts wrong about the government's December 22, 2011 notification for a sub-quota. In a curious justification, the ministry argued that the 4.5% sub-quota for Muslims was essential as they were the more backward among those identified in the central OBC List.

Government stand may lead to more demands

The Centre’s petition in SC challenging the Andhra HC verdict against the 4.5% minority subquota said that among OBCs, those belonging to peasant communities had an inherent social and educational edge over artisan groups as the “former may have land and/or sustainable income and…are able to provide better opportunities for their progeny than the latter”.

The special leave petition, settled by additional solicitor general Gourab Banerji, said, “It has been noted that communities of Muslims that fall within the definition/description of backward classes often belong to the latter category of artisans and craftsmen, and are thus the most backward or more backward amongst the backward classes. These more backward classes have to compete with the other communities within the OBCs list for the 27% reservation. The reality is that they are not being able to do so.

It is to address this actual discrepancy /reality that the sub-quota was carved out of the total reservation . Thus, the office memorandum envisages a situation where the more backward would compete only with the more backward for reservation in admissions and appointments.”

But this argument might land the government in a situation where artisans and craftsmen among Hindu communities included in the OBC list demand a similar subquota, saying they too are handicapped in competing against peasants and landowning backward class communities.