SC refuses to stay court order, pulls up govt

The Supreme Court yesterday expressed its displeasure and pulled up the government for its casual handling of the “complex” and “sensitive” issue of 4.5 per cent sub-quota for minorities within the 27 per cent reservation for Other Backward Classes (OBCs) in central educational institutions like IITs.

Refusing to stay the Andhra Pradesh High Court order, which had quashed the the central government notification for 4.5 per cent sub-quota for minorities, a bench of justices K S Radhakrishnan and J. S. Khehar said it was “unhappy” that the centre filed an appeal without any supporting documents. Without issuing any notice, the bench asked Attorney-General G. E .Vahanvati to submit it the supporting documents for carving out 4.5 per cent sub quota from the existing 27 per cent reservation for OBCs. The bench posted the matter for hearing for tomorrow saying “we must have some documents before us”.

Vahanvati submitted that some protection should be granted as the counselling for IITs was on and 325 candidates have qualified for it under the 4.5 per cent sub quota and their career and future could be jeopardised if they are not allowed to appear for the counselling. The bench, however, said before it passed any order, the centre will have to place before it some documents.

During the brief hearing, the bench wanted to know from the law officer as to what was the basis and how did the government determine 4.5 per cent sub-quota for minorities and carved it out of the 27 per cent quota for OBCs.