The Government is likely to approach the Supreme Court on Monday, either for the vacation of stay or reference of the matter to a larger constitutional bench.
It held discussions with legal experts on Sunday to find a way forward after the Supreme Court stayed the implementation of 27 per cent OBC reservation in higher educational institutions for the academic year 2007-8. Additional Solicitor General Gopal Subramaniam met the minister for an hour to decide on a possible line of action.
HRD Minister Arjun Singh had made it clear on Saturday that the Government did not want any confrontation with the Judiciary but will look at constitutional measures to get the stay vacated.
The interim order of the SC, while not questioning the basic concept of reservation for OBCs, has asked the Government to evolve a more scientific criteria to identify the people who should get the benefits of reservation.
The UPA Government has been anxious to dispel the impression that it was not doing enough on the matter and an all party meet is expected to be convened after the SAARC summit. The constitutional options, in the meantime, will provide a breather to the Government.