
Questioning the Government on the urgency behind the legislation for 27 per cent OBC reservation in elite educational institutions from this year and how it proposed to enforce this without ‘‘relevant determinable data’’, the Supreme Court today reserved decision on petitions seeking a stay on the Central Educational Institutions (Reservation in Admission) Act, 2006.
‘‘What is the hurry in bringing the legislation in the absence of relevant determination of socially and economically backward classes?... We cannot go further unless we are satisfied that there is determination of socially and economically backward classes,’’ said a Bench comprising Justices Arijit Pasayat and L S Panta.
‘‘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 petitioners opposed implementation of the law on the ground that a 75-year-old census could not be the basis for identifying OBCs.
While submitting its response to the petitions, the Government had informed the court that it was relying on a 1931 census to provide 27 per cent reservation for OBCs in institutions like IIMs and IITs.
Objecting to this census as the basis for identification of backward classes, senior counsel Fali S Nariman argued that until the identification process is done, reservation should not be implemented. ‘‘The said Act is silent on the methodology as to how the government proposes to do it,’’ he said.
But Additional Solicitor General Gopal Subramanium maintained that implementing the statute would not affect rights of the general category candidates. ‘‘The best part of the Act is that it ensures the rights of the general category students.’’
... contd.