SC issues notice to Centre based on YFE application

New Delhi, Jan 31 (UNI) The Supreme Court today issued notices to the Centre based on an application filed by the 'Youth For Equality'(YFE), AIIMS chapter Delhi, seeking stay of its order providing 27.5 per cent reservation to other backward classes (OBCs) for higher studies in all educational institutions.

A bench comprising Justices Arijit Pasayat and S H Kapadia directed the Centre to file its response within two weeks.

Meanwhile, the applicant has challenged the 93rd Amendment of the Constitution seeking declaration from the court that it is 'unconstitutional'.

The government has, however, decided to implement its order from the next academic session i,e, 2007-2008.

The applicant has contended that the impugned order deserves to be set aside as it has not taken into consideration the directions of the apex court to exclude creamy layer among OBCs from the benefits of reservation and the respondent has passed the order on the basis of power derived from an amendment which is ex-facie illegal and invalid.

The petitioner has sought stay of the impugned notification dated January 4, 2007 till the final disposal of the present writ petition.

The petitioner has also alleged that the present move of the government is motivated by the political agenda in view of the forthcoming assembly elections in Uttar Pradesh and other states.

The government has issued the gazette notification after the 27.5 per cent reservation bill was passed by both the houses of Parliament, which was also given assent to by the President of India A P J Abdul Kalam.

The order passed by the Union HRD Minister Arjun Singh in March last year, had led to nationwide agitation by the medicos, bringing the nation's health services to a complete halt after which the Supreme Court had to intervene to bring the medicos back to work.

UNI