The Hindu Business Line : 27% OBC quota in IIMs, IITs stayed

Interim order
Backwardness has to be based on objective factors whereas inadequacy has to factually exist
Need for evolving firm database first

New Delhi March 29 The Supreme Court on Thursday stayed the implementation of the law providing for 27 per cent quota for Other Backward Classes (OBCs) in elite educational institutions such as IITs and IIMs for 2007-08.

A Bench comprising Mr Justice Arijit Pasayat and Mr Justice Lokeshwar Singh Panta, however, said that the quota for SC/STs could be implemented by the Centre in these educational institutions. It passed this interim order on a batch of petitions challenging the Constitutional validity of the Central Educational Institutions (Reservation in Admission) Act, 2006 providing for 27 per cent quota for OBCs.

The Bench said: "There is no dispute and in fact it was fairly accepted by the Additional Solicitor General, Mr Gopal Subramaniam, that there is need for periodical identification of the backward citizens and for this purpose the need for survey of entire population on the basis of an acceptable mechanism. What may have been relevant in 1931 census may have some relevance but cannot be the determinative factor. Backwardness has to be based on objective factors whereas inadequacy has to factually exist."

The Bench said, "Though it is submitted that the number of seats available for the general category is not affected, but that is really no answer to the broader issue. If there is possibility of increase in seats in the absence of reservation, it could have gone to the general category."

It said: "If the stand of the ASG is accepted that the exercise was not intended to be undertaken immediately and the increase would be staggered over a period of three years, it could not be explained as to why a firm database could not be evolved first, so that the exercise could be undertaken thereafter. By increasing the number of seats for the purpose of reservation unequals are treated as equals."

The Bench said: "It has also to be noted that nowhere else in the world do castes, classes or communities queue up for the sake of gaining backward status. Nowhere else in the world is there competition to assert backwardness and then to claim we are more backward than you."

It said: "It would be desirable to keep in hold the operation of the Act so far as it relates to Section 6 thereof for the OBCs category only. We make it clear that we are not staying the operation of the statute particularly Section 6 so far as the SC/ST candidates are concerned."

The Bench directed listing of the petitions for final hearing in the third week of August.

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