A comlilation of questions, which are likely to be considered if the issue of 27 per cent quota for OBCs in elite educational institutions was referred to a Constitution Bench, was furnished before the Supreme Court today.
Solicitor General G E Vahanvati, who compiled the questions along with senior advocate Harish Salve, placed them before a Bench comprising Justices Arijit Pasayat and L S Panta. The Bench had on Wednesday reserved its order on Centre’s plea for referring the matter to a larger Bench.
The compilation was done after receiving questions from various contesting parties, including the Centre and anti and pro-quota petitioners.
The 35 questions have been placed under seven headings for the court’s examination and most of the questions were framed keeping in mind the Indra Sawhney (Mandal case) judgment.
On receiving the questions running into eight pages, the Bench in a lighter vein observed “we have to do precis”.
The court has to dwell on whether the law enabling 27 per cent reservation for OBCs in educational institutions, including private aided ones, was justified without any time-limit and would the concept of ‘creamy layer’ propounded in the context of public employment in Indra Sawhney be applicable for quota in it.
The data furnished by the Government to justify the implementation of the Central Educational Institution (Reservation in Admission) Act, 2006, forms an important question that would be dealt by the court.