Centre tells SC nothing wrong with OBC quota
New Delhi, May 4: The Union government in its affidavit filed in the Supreme Court today justified its reservation policy providing 27 pc quota to OBCs in admission to centrally run educational institutions of higher studies from the academic year 2007-2008.
The Centre while denying the allegations of the anti reservationists that quota being provided to OBCs is violative of the basic structure of the Constitution of India has contended that on the other hand not providing for reservation for SC/ST and S.ed.B.C./OBC would have been a violation of the basic structure of the Constitution of India.
The affidavit further says that the state had no option but to introduce reservation, as continued denial of educational opportunity to a large section of population would have threatened national integrity and the unity of the country.
The Centre justifying caste based quota has also pleaded that the reservation policy is based on the historical factum and social factum of the deprivation of SC/STs, S.ed.BC/OBCs which the Mandal Commission Judgment and other judgements of this court have taken note of in the interest of equity and justice.
The government has concluded by pleading that 49.5 pc reservation has been provided to SC/STs and OBCs under the Central Educational Institutions (Reservation in Admissions) Act,2006 who constitute the vast majority of the population of India.
The Apex court has already stayed for one year the operation of the impugned government notification providing 27 pc reservation to OBCs in admissions from 2007-2008.
The hearing of the case will begin on May 8 as the same has been preponed.
The Centre is opposed to the exclusion of creamy layer among OBCs from the benefits of the quota policy and is seeking reference of the case to a five judge constitution bench as substantial questions of law and social importance were involved in the case.
The petitioners opposing the quota are however pleading for reservation on the basis of economic backwardness and have dubbed the quota policy of the government as 'vote bank politics'.
UNI
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