SC to consider stay application on OBC quota

New Delhi, Feb 19: The Supreme Court will consider on March 7 the stay application against the government notification providing 27.5 per cent reservation to OBCs regarding their admission to the educational institutions from the coming academic session 2007-2008.

A bench comprising Justices Arijit Pasayat and Lokeshwar Singh Panta directed that the pleadings in connection with stay applications will be completed before the next date of hearing and the stay application will be considered on March 7.

The court also directed that all petitions involving identical questions of law shall be heard together.

The resident Doctors Association, Youth for Equality and other organisations had challenged the government decision which has now become an Act.

The Court had earlier directed the government to state the modalities and the criteria adopted for providing reservation to OBCs on the basis of caste. The court has also directed the government to explain whether such caste based reservation policy will divide the country on caste line.

The Union Government has however, supported the policy of caste based reservation in its counter affidavit filed in the Supreme Court.

The Resident Doctors Association has however, sought the review of the Mandal Commission report as its conclusions and recommendations were without adequate data regarding the percentage of various castes in the society.

A nationwide agitation by the medicos was sparked of when the government announced its decision to provide 27 per cent reservation to OBCs in higher educational institutions.

The Supreme Court had to intervene to restore the health services in the country were totally paralysed due to doctor's strike and it was called of only after the Court isssued directions.

According to the petitioner, the present reservation policy of the government is inspired by vote bank politics.

Regarding the doctrine of creamy layer the court today observed that the creamy layer was a very slippery concept. The court will also consider the issue of exclusion of creamy layer from the benefit of reservation among OBCs.

The Apex Court had already indicated on the last date of hearing and had asked the government, why the reservation policy should not be stayed till the final disposal of the petition.

UNI