NEW DELHI, June 13:
In a major setback for the Centre, the Supreme Court today refused to stay Andhra Pradesh High Court judgement quashing the decision of the government to provide 4.5 per cent sub-quota to minorities within 27.5 per cent OBC quota for admissions in Centrally-run educational institutions such as IITs and IIMs and goverment jobs.
A vacation bench comprising Justices K S Radhakrishnan and J S Khehar however, admitted the appeal of the government for hearing it on merit.
The judges also pulled up the government and asked Additional Solicitor General Gaurav Banerjee “If religion is the only basis for providing 4.5 per cent sub-quota?”.
The apex court allowed the impleadment application filed by some of the affected students who were likely to get admissions under 4.5 per cent sub-quota category but dismissed their application for interim stay of the impugned judgement.
The government today failed to convince the Supreme Court of the basis of providing sub-quota to minorities.
The government was relying on Sachar Committee report, R N Misra Committee report and a report prepared by the government in 1993 on the status of the Muslims.
The apex court asked the government “How minority candidates can be selected in general category, in OBC category as well as under sub-quota category?”.
Justice Rajinder Sachar Committee report had even recommended the reservation for minorities in Army which was strongly opposed by all sections of society on the grounds that it will lead to communalisation of armed forces.
Altogether 325 students, who were selected under 4.5 per cent quota, will now be selected through General or OBC category.
The Supreme Court has also issued notices to all the repondents.
(UNI)
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