SC verdict on OBC reservation on March 29

By Staff
|
Google Oneindia News

New Delhi, Mar 28: The Supreme Court will deliver tomorrow its verdict on the issue of granting or denying interim stay against the Union government notification enforcing from the academic session 2007-2008 provision for 27.5 pc reservation to OBCs in admission to educational institutions.

A bench comprising Justices Arijit Pasayat and Lokeshwar Singh Panta had reserved its judgment on the issue of interim relief last month after arguments were concluded.

Petitioners who have challenged the constitutional validity of the impugned notification are pleading for staying its operation till the final disposal of the petitions while the central government is , however, supporting the caste based reservations on the ground that centuries- old oppression of OBCs and SC/STs is a social reality in India and reservations are aimed to uplift the socially, economically and educationally backward sections of the society.

Petitioners are praying for suspension of operation of the notification at least till next academic session i.e. 2008-2009 so that percentage of OBCs in the total population of the country can be ascertained and the petitioners are also pressing for exclusion of creamy layer from the benefits of reservation policy of the state.

The court had asked during the hearing of the arguments on the point of interim stay against the impugned notification whether government should be directed to exclude creamy layer and go ahead with the reservation for OBCs in admission to educational institutions of advanced studies such as IIMs , post graduate medical courses, MBAs etc.

The suggestion was, however, strongly opposed by the petitioners as they are seeking review of the Mandal Commission report according to which OBCs formed 52% of the total population and these findings are based on 1935 census. There is no latest data regarding the percentage of OBCs in the total population and the government had failed to place the relevant data which formed the basis of the new reservation policy before the apex court despite repeated directions.

At one stage the court had reprimanded the government by observing " you play the game first, frame rules later." The announcement of providing 27.5% reservation in admission last year had led to nation-wide agitation by the medicos and the apex court had to intervene to restore the health services in the country in larger public interest especially patients.

Petitioners include Youth for Equality, Resident Welfare Doctors Associations, Ashok Kumar Thakur, Shiv Khera and others.

The government is not even prepared to exclude creamy layer from the benefits of reservations as directed by the nine-judge bench of this court in Indira Sawhney case popularly known as Mandal Commission case which besides directing exclusion of creamy layer in 1992 had also fixed upper limit for reservations at 50% including 22.5% for SC/STs and 27.5% for OBCs. The petitioners are, however, not opposing reservations for SC/STs.

UNI

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