SC stays OBC quota in admissions; Govt. says its not setback

New Delhi, Mar 29 (UNI) In a significant ruling, the Supreme Court today stayed till further orders the operation of the notification issued in January this year under the Central Educational Institutions (Reservation in Admission) Act, 2006 providing 27.5% reservations to OBCs in central educational institutions from the academic year 2007-2008.

A bench comprising Justices Arijit Pasayat and Lokeshwar Singh Panta, however, made it clear they were not staying the reservations for the SC/STs.

Reiterating the law laid down in Mandal Commission case for exclusion of creamy layer from the benefits of reservation, the court noted, ''It, therefore needs no reiteration that the creamy layer rule is a necessary bargain between the competing ends of caste based reservations and the principle of secularism. It is a part of the Constitutional scheme. Therefore these cases have to be examined in detail as to whether the stand of the Union of India that creamy layer rule is applicable to only Article 16(4) and not Article 15(5) is based on any sound foundation. That is more so because the lists relatable to Article 16(4) form the foundational base of Article 15(5).'' Adjourning the hearing of the case till the third week of August, the court ruled, ''In the background of what has been explained above, it would be desirable to keep in hold the operation of the Act so far it relates to section 6 thereof for the OBCs category only. We make it clear that we are not staying operation of the statute, particularly section 6 so far as the Scheduled Castes and Scheduled Tribes candidates are concerned. It would be permissible for the respondent-Union of India to initiate or continue process, if any for determining on a broadbased foundation'' Other Backward Classes ''notwithstanding pendency of the cases before this court and without prejudice to the issues involved.'' While the Centre said the ruling was not a setback for the government, the BJP welcomed the decision and the CPI(M) termed it as ''unfortunate''.

Human Resource Development Minister Arjun Singh said ''I am fully confident that the apex court will finally hold the law valid,'' and added that the government will take all constitutional and legal measures required to ensure that the law was finally found valid.

The Congress expressed the hope that the government would be able to deal with the situation and implement the reservation policy.

The apex court had only passed an interim order and had not expressed itself against reservation in principle, party spokesman Abishek Singhvi said.

The BJP welcoming the decision said it was a slap on the face of the UPA government which failed to place the case in the right perspective.

''The court order shows that the UPA government was more interested in reaping political benefits than providing social justice by such half hearted efforts. BJP firmly supports 50 per cent reservation for the SCs, STs and OBCs on the basis of social backwardness and reservation for the economically backward sections of people from castes and communities not covered under reservation,'' BJP Spokesman Prakash Javadekar said.

Terming as ''unfortunate'' the Supreme Court staying OBC quota, the CPI(M) urged the UPA government to take necessary steps to ensure that the legislation passed by Parliament is implemented.

''The apex court's judgement has ignored the fact that there are clear cut lists of OBCs in all the states. It is on this basis that there are reservations for them in educational institutions in many states,'' the CPI(M) Polit Bureau said.

Meanwhile, asserting that the Cabinet did not discuss the order in its meeting today, Information and Broadcasting Minister Priya Ranjan Dasmunsi said the Law Ministry would first take a view on the issue.

Refusing to comment on the apex court's intervention, Mr Dasmunsi said the government as a whole would come into the picture only after receiving the report of the Law Ministry.

Nationalist Congress Party (NCP) President Sharad Pawar described as unfortunate the Supreme Court stay on the implementation of the quota for OBC students in educational institutions.

The apex court's verdict had negated the unanimous passage of a Constitutional amendment on the subject, Mr Pawar said.

Tamil Nadu Chief Minister M Karunanidhi expressed shock over the and said they would decide the future course of action after consulations with leaders of political parties and social organisations.

Former Prime minister V P Singh said the UPA government should go for a referandum before going ahead with the reservation for OBCs.

'' The Centre should first go for a referendum or pass a legislation in Parliament to provide reservation,'' he said.

Quoting from the rulings x x x picking up from para one of DI 50 (LAW-SC-SECOND LEAD RESERVATION POLICY TWO LAST NEW DELHI) UNI