Quota ruling: Govt mulls review plea

Parties want Parliament to step in to uphold the law.

A review petition in the Supreme Court is likely to be the only recourse for resolving the crisis resulting from the Supreme Court's stay on the 27 per cent reservation for other backward classes (OBCs) in central educational institutions.

HRD Minister Arjun Singh and his aides today went into a huddle to discuss the various legal options before the government. Though officials in the ministry refused to divulge the details, sources said the government could file a review petition or approach the court for an early hearing as admissions to various institutions were in an advanced stage.

The government may tell the court that most state governments have collected data on OBCs to reach at the figure of 27 per cent quota, top law ministry sources say. This has also been suggested by CPI(M) leader Prakash Karat.

Although no party criticised the judgment openly, the situation seemed to be drifting towards a legislature-judiciary confrontation as the political class spoke in one voice against the order.

The Congress, the Left parties and many UPA constituents sought convening of Parliament to ride over the order.

The Tamil Nadu Assembly unanimously passed a resolution demanding the immediate convening of Parliament to discuss the ruling and appealed to the Centre to take "appropriate decisions".

The resolution, introduced by Chief Minister M Karunanidhi, said the Supreme Court's verdict affected the rights of Parliament and was a setback to the socially and educationally oppressed sections of society.

"Disturbed by the judicial trend" to deprive the socially and educationally backward sections the benefit of reservation, CPI(M) General Secretary Prakash Karat said that "if need be, the government should think of putting it (the Act) in the IXth Schedule."

"We would like the government to consult all parties to work out all possible steps to meet the (judicial) challenge," said Karat. According to him, the inclusion in the IXth Schedule was not the only option. The government, he said, could also bring a Bill addressing the concerns raised by the Supreme Court by taking into account the data on OBCs compiled by different states.

Coming down heavily on the court's interim ruling, the Left leader said it was a "double blow" to the backward sections of society whose access to higher education was already restricted in a liberalised economy with no regulation of fees charged by educational institutions. Elaborating the court judgments that went against the interest of the deprived sections, he cited the TMA Pai case, in which the Supreme Court defended the fee hike in unaided professional educational institutions.

Terming the court's arguments as "specious," Karat said the issue of OBC reservation had been settled by the Indira Sawhney case and most states had prepared database on OBCs for reserving seats for them in jobs.

All India Congress Committee General Secretary V Narayanasami agreed with Karat on the course of action. "If need be, Prime Minister Manmohan Singh and Congress President Sonia Gandhi can call all other parties to discuss this issue and Parliament can be convened to annul the court's order," he said.

Meanwhile, the Opposition seized on the ruling to corner the government. Adopting a highly belligerent stance, Janata Dal (U) leader Sharad Yadav asked the Central government not to implement the interim order of the Supreme Court and stick to the nine-judge Bench order which framed the historic Mandal judgement in 1992.

He announced the launch of a pro-reservation agitation with like minded parties, including the DMK.