SC wants cut-off marks set for OBC students

NEW DELHI: The Supreme Court has prescribed for minimum cut off marks for the OBCs to be admitted in the premier central educational institutions under the law providing for 27% reservation to such students. In the absence of the OBC students after adopting such norm, the apex court asked the institutes to fill up the vacant seats by general categories students.

Justice Arijit Pasayat and Justice CK Thakker in their common judgment said, ���The central government shall examine as to the desirability of fixing a cut-off mark in respect of the candidates belonging to the Other Backward Classes (OBCs).

By way of illustration it can be indicated that five marks grace can be extended to such candidates below the minimum eligibility marks fixed for general categories of students. This would ensure quality, and merit would not suffer.���

Justice Dalvereer Bhandari, however, in his separate judgment, said ���to maintain standards of excellence, cut off marks for OBCs should be set not more than 10 marks out of 100 below that of the general category".

Chief Justice KG Balakrishnan and Justice RV Raveendran who were part of the five judge constitution bench which had upheld the legality of Central Educational Institutions (Reservation in Admission) Act, 2006 providing 27% quota for OBCs in such premier institutions did not spoke on such cut marks for the OBC students.

Justice Pasayat writing the judgment also for Justice Thakker, on the other hand, said that adoption of cut off marks for the reserved categories of students was essential. And after adoption of such grace system for the OBC students, if any seats goes vacant, it shall be filled up from the general category students, said two judges in their common verdict.

"If any seats remain vacant after adopting such norms they shall be filled up by candidates from general categories", said Justice Pasayat. On another controversial issue of whether those meritorious OBCs who scored the required marks to catch up with the general categories will be adjusted in 27% quota, Justice Raveendran writing his separate judgment said, "I agree with the decision of learned Chief Justice that reservation of 27% for other backward classes is not illegal.

I would however leave open the question whether members belonging to other backward classes who get selected in the open competition field on the basis of their own merit should be counted against the 27% quota reserved for other backward classes under an enactment enabled by Article 15(5) of the Constitution, for consideration in an appropriate case".