Law

SC seeks government's response on challenge to law for 27 percent quota

February 01, 2007


New Delhi: The Supreme Court on Wednesday issued notice to the central government, seeking its explanation as to why the law for 27 percent reservation for students belonging to socially and educationally backward classes - of society should not be stayed.

A bench of Justice Arijit Pasayat and Justice S.H. Kapadia issued notice on a petition challenging the constitutional validity of the government's Jan 4 notification, implementing the latest law for 27 percent reservation for SEBC students, also know as other backward classes -, a legal euphemism for more crude social term backward castes.

The law, known as the Central Education Institutions - Act, 2006, was passed during the last winter session of the Parliament and was notified on Jan 4.

The bench also issued notice on an application seeking a stay on implementation of the law in six Indian Institutes of Management from the academic year 2007-2008.

The Bench asked the government to file its replies on various petitions within two weeks, after which, the bench said, the matter would be listed for hearing.

The petitioner, Youth for Equality, also challenged the constitutional validity of the 93rd amendment to the constitution, which enabled the government to provide for quotas for backward caste students in educational institutions.

The petitioner contended that the 93rd amendment violates the Constitution by impinging upon the constitutional right of equality.

The petitioner also raised objection to provision of reservation for students belonging to more affluent students among backward castes also known as creamy layers.

It contended that when the law for 27 percent quota was notified, the matter was already pending in the apex court and the government had agreed that it would not implement the law without the court's permission.

But the law had been notified and admission forms issued by the six IIMs for the academic year 2007-2008 had provided for 27 per cent quota for OBCs, the petitioner contended.

The petitioner alleged that the present move was motivated by the political agenda in view of the upcoming assembly elections in Uttar Pradesh.

The petitioner sought quashing of the impugned law and an interim stay of its operation.

Meanwhile, another bench of the court allowed the government to provide 22.5 percent reservation for students belonging to scheduled castes and tribes within the 50 percent all India share of quota for admission for postgraduate courses in various government medical colleges during 2007-2008.

The permission was granted by a three-judge bench comprising Chief Justice K.G. Balakrishnan, Justice Dalveer Bhandari and Justice D.K. Jain.

For 2006-2007, the government had not provided reservation to SC/ST students within this 50 percent all-India share of quota as per the directions of a 2005 judgment. As a result reservation was provided only under the 50 per cent State quota.(IANS)




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