SC stays 27% quota for OBCs in IITs, IIMs
The Supreme Court today stayed the law providing for 27 per cent reservation for backward classes in elite central educational institutions like IITs and IIMs, dealing a blow to pro-reservationists and government's attempt to implement the new quo...
By PTI |
NEW DELHI: The Supreme Court today stayed the law providing for 27 per cent reservation for backward classes in elite central educational institutions like IITs and IIMs, dealing a blow to pro-reservationists and government's attempt to implement the new quota regime from the coming academic year.
In its interim order staying the Central Educational Institution (Reservation in Admission) Act of 2006, the court held that the 1931 census could not be a determinative factor for identifying the OBCs for the purpose of providing quota.
"...it is desirable to put on hold the OBCs reservation," a Bench comprising Justice Arijit Pasayat and Justice L S Panta said.
However, it clarified that the benefit of reservation for the Scheduled Castes and Scheduled Tribes could not be withheld and the Centre can go ahead with the identification process to determine the backward classes.
The verdict was pronounced on a bunch of petitions challenging the Government notification to implement the controversial law passed in December last year.
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"What may have been the data in 1931 census cannot be a determinative factor now," the Bench said disagreeing with the Centre's mode of selection of relevant data for providing reservation to the OBCs.The judgement was immediately attacked by pro-reservationists who wanted Parliament and the government to "intervene effectively" while anti-reservationists hailed it saying it was against politicians who were trying to divide society on caste lines.
The Court said the State was empowered to enact an affirmative act to help the backward classes but this action could not be unduly adverse to those who were left out.
"Reservation cannot be permanent and appear to perpetuate backwardness," the Bench observed.
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The Bench had yesterday questioned the Government's decision as to how it could implement the policy without determination of the relevant data.The Centre, however, had maintained that implementing the provision of the newly-enacted legislation would not take away the rights of the General category candidates as adequate care has been taken by enhancing the seats proportionately.
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Reacting to the interim stay, CPI National General Secretary D Raja termed it a "retrograde" judgement.CPI General Secretary A B Bardhan said, "the policy of the government and the desire of the people as decided earlier should continue" and hoped that the Supreme Court will take these into consideration.
Opposing the Supreme Court stay, CPI(M) Polit Bureau member Sitaram Yechury said the judgement was "inconsistent" with the apex's court earlier decision on OBC reservation in the Mandal Commission issue.
Attacking the government, the opposition BJP said, "The apex court decision is the result of the UPA government's abject failure to project its case of social backwardness in the right perspective."
The Youth for Equality, a student grouping which spearheaded the anti-quota stir, welcomed the Supreme Court stay on the quota law and said, "It is a victory of the people and a victory for the common man against politicians, who had tried to divide the society on the basis of caste."
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