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OBC quota : Petition for vacation of stay to be filed today |
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The Union Government is expected to file a petition in the Supreme Court today, April 16, for vacating the interim stay against the implementation of 27 per cent quota for the other backward classes (OBCs) in central institutions of higher learning. The Government had been talking about filing the petition for a number of days and on Friday, April 13, Additional Solicitor General Gopal Subramaniam had told a bench comprising Chief Justice K.G. Balakrishnan and Justice R.V. Ravindaran that the Centre will file an application seeking modification of the interim order during the day. But this did not happen.
The delay in the filing of the petition led to reports that there were differences between the Ministries of Human Resource Development and Law over the application seeking vacation of the
stay and who will represent the Government.
Official sources now say that there are no differences between the two Ministries on the application or on engaging the services of law officers. They said the application has been finalised in consultation with Solicitor General G.E. Vahanvati.
The sources said Vahanvati and Additional Solicitor General Gopal Subramaniam would appear for the Government.
On the court’s observations that the 1931 census figures could not be relied upon as they were outdated, the application will say that though the 1931 census of Backward Classes formed the basis for arriving at the figures, the actual figures were based on the data collected in 1979-1980 and relied on by the Mandal Commission. This data was considered and accepted by the Supreme Court in the Indra Sawhney case.
Further, it will say that the implementation of the legislation would not in any way affect the rights of the students belonging to non-reserved categories as the additional seats for OBCs were in no way a reduction in the available non-reserved seats.
The Centre will make it clear that there could not be any concession of removing the “creamy layer” among the OBCs. The OBCs could not be denied the natural advantage by excluding any section of them as “creamy layer” in education.
The Government will seek a clarification on whether there was a stay on the implementation of the 27 per cent quota for the OBCs. It will contend that the interim stay had resulted in irreparable loss as the admission process in various Central institutions had already started and an academic year would be lost if the stay was not vacated.
The Government also proposes to pray for referring the matter to a Constitution Bench as substantial questions of law of public importance were involved.
In a related development, Human Resource Development Minister Arjun Singh met President A.P.J. Abdul Kalam on April 13. Rashtrapati Bhavan sources said the HRD Minister regularly meets the President to discuss issues pertaining to his Ministry. They said the two may have discussed the OBC reservation issue also.
On April 12, the Indian Institute of Management, Ahmedabad, sent the Centre the first reminder that time was running out and admissions for the new academic session could not be put off indefinitely. Institute Director Bakul Dholakia said that OBC reservation may not be possible this year if the government does not come out with a clear directive by April 21.
Meanwhile, Steel Minister Ramvilas Paswan said on April 13 that his party, the Lok Janshakti Party, would soon launch an agitation in support of the demand for reservation for the backwards in the judiciary, educational institutions and private industry. He told a news conference : “There has been rapid privatisation of PSU units, and it has restricted the employment opportunities for the backwards.” He said the situation had now become imminent to make compulsory for the private sector to follow reservation policy in order to give justice to the backward classes.
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