No reservation for OBC students this year: SC

New Delhi, May 9: Dashing the hopes of OBCs aspiring to get 27 percent reservation in educational institutions from the current academicsession, the Supreme Court today reserved its verdict on referring thecontroversial issue to a larger Bench.

A bench comprising Justices Arijit Pasayat and Lokeshwar SinghPanta said there was no dispute that the petitions raised importantquestions of law having far reaching consequences.

The bench directed Senior Counsel Harish Salve appearing for thepetitioners challenging the reservation policy of the government andSolicitor General of India G E Vahanvati appearing for the Centre toconsolidate the questions of law and submit it to the Court by tomorrow.

The Apex Court is hearing arguments on the request of the CentralGovernment to refer to a five-Judge constitutional bench the petitionchallenging the 93rd Constitutional Amendment giving power to thestates to provide reservation to socially, educationally andeconomically backward sections of the society and the petitionchallenging the government notification providing 27 per centreservation to OBCs in admission to centrally-run educationalinstitution of higher studies like IIMs, IITs and Post-Graduate MedicalScience Courses.

The Court, however, allowed the intervention application filed by states and recognised political parties.

The Court directed the parties to complete the pleadings withineight weeks. The Court will consider issue of referring the matter toconstitutional bench tomorrow.

The Centre is seeking reference to a larger bench mainly on thegrounds: 1. Whether 93rd Constitutional Amendment Act 2005 and Article15(5) are unconstitutional being violative of basic structure of theConstitution.

2. What is the true ambit and scope of Article 15(4) and 15(5)of the Constitution of India.

3. Whether the concept of creamy layer of the caste belonging toreserved category of OBCs propounded by nine-member judge bench inIndira Sawhney case for the purpose of exclusion from reservation inappointments to government jobs is applicable in admission toeducational institutions also.

The government has also raised the issue of laying down parametersand limits of Judicial Review of a law enacted by the Parliament forreservation to OBCs.

In view of the important questions of law mentioned above theCentre has pleaded to the court to refer the petition to aconstitutional bench.

The chances of getting vacated the stay order passed earlier bythis court staying for one year the OBCs reservation policy inadmission to educational institutions from the academic year 2007-08receded further as the government did not raise the issue of stayvacated at all.

Senior Counsel Ram Jethmalani appearing for RJD headed by LaluPrasad yesterday contended that in view of large segment of Indiansociety virtually 25 crore people belonging to OBCs this court mustrefer the issue to a larger bench.

UNI

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