The Supreme Court on Thursday will pronounce its verdict on a batch of petitions, which challenged the constitutional validity of the recently enacted Central Educational Institutions (Reservation in Admission) Act, 2006, specifying 27 per cent reservation for OBCs in higher educational institutes like IIMs, IITs and AIIMS.
While deciding the fate of the recent statute, the Bench of Justices Arijit and Pasayat and L S Panta will also decide whether it could be stayed being ultra vires, for the current academic sessions. The Centre had decided to enforce 27 per cent reservation benefits for OBC’s from the current academic year 2007-08 in higher education institutes.
The Resident Doctors Association, Youth For Equality, a forum of students and several others—including educationists—have opposed the said decision, following which, the petitions were filed.
On March 9, after hearing elaborate arguments from both sides, the court had reserved its verdict. During the hearing, the Bench had questioned the government’s decision as to how it could implement the policy without determination of the relevant data.
“Unless and until it is determined by the Centre, who is socially and economically backward, this Act cannot really be given effect,” the Bench said as the anti-quota propagandist opposed its implementation on the ground that the 75-year-old census could not be the basis for identification of OBCs.
However, the Centre maintained that implementing the provision of the newly-enacted legislation would not take away the rights of the general category candidates, as the number of seats for them have been increased proportionately.