Govt's quota directive to be challenged in Supreme Court

NEW DELHI: The Centre’s troubles over the OBC quota are far from over. The government’s directive to central educational institutions issued on Sunday will be challenged in the Supreme Court on Tuesday. The Youth for Equality, a group of anti-quota activists, will argue that the Centre has gone against the apex court’s ‘directive’ not to extend the quota system beyond the graduation level and transfer of unfilled OBC seats to the general category. The Youth For Equality is giving premium on the judgement delivered by Justice Arijit Pasayat and Justice C K Thakker. There has to be proper identification of Other Backward Classes. For identifying Backward Classes, the commission set up pursuant to the directions of this court in Indira Sawhney No.1 has to work more effectively and not merely decide applications for inclusion or exclusion of castes. While determining backwardness, graduation (not technical graduation) or professional education shall be the standard test yardstick for measuring backwardness. Justice Dalveer Bhandari was more categorical on this issue. “Once a candidate graduates from a university, the said candidate is educationally forward and is ineligible for special benefits under Article 15(5) of the Constitution for post graduate and any further studies thereafter,” Justice Bhandari had said. The Youth for Equality will also argue that the Centre’s directive to educational institutions has ‘rejected the SC directive’ on the cut off mark and transfer of seats to the general category. Justices Pasayat and Thakker had sought the transfer of vacant quota seats to the general category. “If any seats remain vacant after adopting such norms, they shall be filled up by candidates from general categories,” Justice Pasayat wrote in the judgement. On cut off marks, Justice Dalveer Bhandari was clear cut: “It is reasonable to balance reservation with other societal interests. To maintain standards of excellence, cut off marks for OBCs should be set not more than 10 marks out of 100 below that of the general category.” Justice Pasayat supported this view, but left the details for the government to work out. “The central government shall examine the desirability of fixing cut-off marks in respect of the candidates belonging to the Other Backward Classes (OBCs). By way of illustration it can be indicated that five grace marks can be extended to such candidates below the minimum eligibility marks fixed for general categories of students. This would ensure quality and merit would not suffer”. Chief Justice K G Balakrishnan and Justice R V Raveendran who were part of the five-judge Constitution Bench which upheld the legality of Central Educational Institutions (Reservation in Admission) Act, 2006, providing 27% quota for OBCs in such premier institutions did not speak on such cut marks for OBC students.
22 Apr, 2008, 0545 hrs IST,Sanjay K Singh, TNN
THE ECONOMIC TIMES