New Delhi, Oct 14 (UNI) The Supreme Court today directed that the OBC candidates seeking admission to the Centrally-run educational institutions of higher studies will be entitled to the weightage of 10 per cent marks under the Government's policy of providing 27 per cent reservation to the OBCs.
A five-judge Constitution Bench, headed by Chief Justice K G Balakrishnan, also directed the Union Government to fill up all the vacancies with the general catagory candidates, for which eligible OBC candidates are not available by October 31, 2008, as no seat should be allowed to go empty.
The bench, also including Justices Arijit Pasayat, C K Thakker, R V Raveendran and Dalveer Bhandari, besides, told Senior Counsel K K Venugopal, appearing for the anti-reservationists to file a proper petition against the decision of the Union Cabinet increasing the upper income limit for OBCs from Rs 2.5 lakh per year to Rs 4.5 lakh per year to overreach the order of the apex court to exclude the creamy layer from the benefits of reservation.
The court said that it would examine the issue of announcing the upper income limit after a proper petition is filed.
Mr Venugopal had earlier contended that the decision of the Union Cabinet is contemptuous as the Government is trying to overreach this court.
The apex court had relied on the Government notification of 1993, in which the upper income limit for the creamy layer was Rs 1 lakh, which was raised to Rs 2.5 lakh in 2004.
The court adjourned the hearing of the matter till December.
UNI SC SBC DS1648