What's the hurry, find out how many OBCs: SC
- From: "sagar" <enkaysagar@xxxxxxxxxxx>
- Date: 7 Mar 2007 18:40:48 -0800
What's the hurry, find out how many OBCs: SC
by "Nksagar" <enkaysagar@.in> Mar 7, 2007 at 09:14 PM
http://www.indianexpress.com/story/25061.html
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.''
But the Bench sought to know the urgency behind the Act. ''You wait
for
two years There should not be urgency. If this Act was enacted after
complete study, there would not be any difficulty in going ahead with
it,'' the Bench said, asking the ASG, ''Don't you think that the 1931
data
has lost its efficacy''.
Nariman, who made it clear that he was not seeking setting aside of
the
Act but merely deferment of implementation of the Act, said that it
did
not lay down the criteria on the basis of which the Centre will
determine
the socially and economically backward class. It was also not
necessary
that a upper caste person was economically well-off and a socially
backward person educationally backward, he said.
"Without proper methodology for determination of OBCs, we cannot go
ahead
with admissions for 2007," he said.
According to Nariman, the Act was also silent on excluding the "creamy
layer" among backward castes from the benefit of reservation. "Who
forms
the creamy layer has been well settled by a set of judgments," he
said,
adding that "ex-facie there has been no exclusion of creamy layer from
the
benefit of reservation in the Act."
.
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