Blocking Government plans to implement 27 per cent OBC reservation in higher education institutions from this year, the Supreme Court today declined to vacate the stay on quota it ordered on March 29.

The Bench of Justices Arijit Pasayat and L S Panta said that its earlier order staying the provision of OBC quota was “final” as far as the present academic session, starting 2007, was concerned.

On Solicitor General G E Vahanvati’s demand for referring the issue to a Constitution Bench, the court said it would examine it at a later date.

“We had said keep the admissions process for OBCs on hold for this year. In that sense, it cannot be an interim order. It operates finally for this year so long as there is no variation that may say circumstances have changed... Therefore, we said it’s final,” the Bench said, asking the Government why it was in such a hurry to implement the Central Educational Institutions (Reservation in Admission) Act, 2007.

“If you could wait for 57 years, then you can very well wait for another six months,” the Bench said.

“We do not want to play the game first and then frame the rules. We want rules to be framed first and then play the game,” the Bench said, rejecting the Government argument that staying reservation for a particular class for this year could jeopardise the future of students.

“The matter requires deeper consideration and even you (Government) have acknowledged that it is to be carried out in a phased manner. Imagine what would have happened if we had allowed it to be implemented and then stayed it, leaving in the lurch students who got admission and others too,” the Bench said.

... contd.