New Delhi, Sep 15 (UNI) The Supreme Court today sought the response of the Centre on a petition filed by a Madras IIT professor seeking clarification of the apex court's judgement dated April 10, 2008 upholding the validity of the government notification providing 27 per cent quota to OBCs in Centrally-run institutions of higher education.
The petition came up for hearing before a five-judge Bench comprising Chief Justice K G Balakrishnan and Justices Arijit Pasayat, C K Thakkar, R V Raveendran and Dalveer Bhandari.
Petitioner Professor P V Indresan has prayed to the court that seats lying vacant in the OBC quota for which no eligible OBC candidates are available should go back to the general category candidates.
He also prayed to the court that a weightage of 10 per cent marks should be given to the OBCs while giving them admission in educational institutions like IIM, IITs and post-graduate medical science courses.
The Supreme Court has adjourned the hearing till September 29.
The Union Government, meanwhile, has also moved a petition seeking transfer of petitions pending in Calcutta and Bombay High Courts to this court.
The apex court had earlier stayed the operation of Calcutta High Court order dated May 14,2008 restraining graduates in the OBC category from taking advantage of 27 per cent quota.
The apex court while upholding the validity of the government notification providing 27 per cent quota to OBCs had unanimously held that creamy layer must be excluded from the benefit of reservation.
Solicitor General G E Vahanvati appearing for the government told the court that he will get back after seeking instructions from the government on the fate of vacant OBC quota seats.
Justice Pasayat, however, made it clear, ''There is no ambigutiy in our judgement and it is clear that vacant OBC quota seats shall go to general category.'' According to the applicant, there are 432 seats lying vacant in IITs and also in IIM.
UNI SC AKJ RP AS1527