SC dashes hopes of OBC students aspiring for quota this year

New Delhi, May 9 (UNI) Dashing the hopes of OBCs aspiring to get 27 per cent reservation in educational institutions from the current academic session, the Supreme Court today reserved its verdict on referring the controversial issue to a larger Bench.

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

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

The Apex Court is hearing arguments on the request of the Central Government to refer to a five-Judge constitutional bench the petition challenging the 93rd Constitutional Amendment giving power to the states to provide reservation to socially, educationally and economically backward sections of the society and the petition challenging the government notification providing 27 per cent reservation to OBCs in admission to centrally-run educational institution of higher studies like IIMs, IITs and Post-Graduate Medical Science Courses.

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

The Court directed the parties to complete the pleadings within eight weeks. The Court will consider issue of referring the matter to constitutional bench tomorrow.

The Centre is seeking reference to a larger bench mainly on the grounds: 1. Whether 93rd Constitutional Amendment Act 2005 and Article 15(5) are unconstitutional being violative of basic structure of the Constitution.

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 to reserved category of OBCs propounded by nine-member judge bench in Indira Sawhney case for the purpose of exclusion from reservation in appointments to government jobs is applicable in admission to educational institutions also.

The government has also raised the issue of laying down parameters and limits of Judicial Review of a law enacted by the Parliament for reservation to OBCs.

In view of the important questions of law mentioned above the Centre has pleaded to the court to refer the petition to a constitutional bench.

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

Senior Counsel Ram Jethmalani appearing for RJD headed by Lalu Prasad yesterday contended that in view of large segment of Indian society virtually 25 crore people belonging to OBCs this court must refer the issue to a larger bench.

UNI