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To get OBC quota in, Govt climbs down, tells SC: creamy layer out if you say so

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  • Departing from the consensus arrived at in the Cabinet, the Centre today told the Supreme Court that it was willing to keep the “creamy layer” out of the 27% quota for OBCs in higher-educational institutions if only to speed up the law’s implementation.

    Arguing that it’s a question of students’ careers, Solicitor General G E Vahanvati told a five-judge Constitution bench headed by Chief Justice K G Balakrishnan: “Let (us) be allowed to go ahead with the admission process which may depend upon the final outcome of the case before the Court.”

    Saying that an interim arrangement needs to be in place, the S-G added that as far as identification of the creamy layer is concerned, “if the court feels that the creamy layer be excluded and says so, we will obey. But for the purpose of an interim arrangement, let us go ahead, at least.”

    Vahanvati’s submission came during the hearing of the Centre’s application seeking vacation of the March 29 interim order staying the implementation of quota. Parties across the political spectrum have opposed exclusion of the creamy layer from the reservation benefit.

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    Justice Arijit Pasayat — the bench also included Justices C K Thakker, R V Raveendran and Dalveer Bhandari — criticised the Government saying, “What is the hurry? Without us having heard the matter, verbal, official orders are being passed,” citing a newsreport in The Indian Express today that the Government had asked all institutions in the ambit of this Act to go ahead with their infrastructure upgrade.

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