''The court's decision is detrimental for the future generations of this country. Merit and the future of this country will be the casualty of this decision,'' Youth for Equality founder member Kumar Harsh said. He said YFE will challenge the decision and take the struggle forward. "The forum will continue to fight against forces which want to divide the country on the basis of caste and religion. We are not against any caste but against the biased policies of the Centre," he added.
The Supreme Court today cleared the decks for implementation of 27 per cent quota for OBCs in Centrally run educational institutions of higher education and upheld the constitutional validity of the Act.
A five judge Constitution bench headed by Chief Justice K G Balakrishnan upheld the validity of the Act by a majority of 4:1 with Justice Dalveer Bhandari dissenting.
The apex court also ruled that if the basis of reservation is caste, the creamy layer among these castes must be excluded from the benefits of reservation policy.
The apex court also upheld the validity of 93rd Constitutional Amendment enabling the Centre to provide reservation to the socially and educationally backward sections of society.
The Supreme Court however, held that this act will not apply to minority educational institutions and also left open the issue of applying provisions of the act to private unaided educational institutions, as no such educational institutions had challenged the validity of the Act.