There will be quotas in IIMs, others: Arjun

NEW DELHI: Even though the Cabinet is yet to discuss the OBC quota judgement, Union HRD minister Arjun Singh did not shy away from making his opinion known. Mr Singh, who said he had been vindicated by the order, maintained that the new reservation regime was applicable to all higher education institutions, including postgraduate institutes like IIMs. But a Cabinet colleague disagreed privately, arguing that ���the Act was not applicable to post graduate institutes.���

Given the diverse interpretations of Thursday���s Supreme Court judgement, the government may be unable to implement the new reservation regime any time soon.

To begin with, the government will have to find a way to convince the allies about the exclusion of the creamy layer from the purview of reservation. This political process of balancing the demands of its allies with the requirements of the Supreme Court order will not be an easy task. Should the government decide to tinker with the proviso of excluding the creamy layer, a senior minister said, it would ���close the door to a constitutional amendment because not implementing the creamy layer is violative of the basic structure of the Constitution.���

Mr Arjun Singh has said that he has discussed the issue of the creamy layer with the Prime Minister. Union health minister Anbumani Ramadoss is of the view that excluding the creamy layer from the purview of reservation would dilute the intent of the quota.

There are other issues that the government will need to consider before issuing an executive order to institutions. This would include eligibility marks for OBC candidates. The court has said that difference in cut off marks for OBC candidates and general category students should not be more than 5%. The other contentious issue it will require to apply its mind to is the requirement of passing on vacant reserved seats to the general category.

Finally, the government will need to work out whether post graduate institutes are indeed exempted from the reservation regime.

These issues cannot be sorted out in a week. The judgement is certain to be referred to a Cabinet committee for perusal. ���If the government decides to file a clarificatory petition, the Centre can issue the notification only after ascertaining the views of the court,��� said a Union minister.