"We are not inclined to grant stay," a bench comprising justices K S Radhakrishnan and J S Khehar said while issuing notices to the petitioner on whose PIL the high court had quashed the 4.5 percent sub-quota for minorities carved out of the 27 per cent OBC quota in central educational institutions like the IIT.
The bench, before which the Ministry of Human Resource Development placed the relevant and supporting documents forming the basis for the sub-quota, asked "can you make classification on the basis of religion".
It further said that the December 22, 2011 Office Memorandum on the issue of sub-quota did not have the legislative support.
The bench, which also questioned the calculation of providing 4.5 percent sub-quota within the 27 percent OBC quota, wanted to know from the government as to "whether there was any constitutional and statutory support for granting 4.5 percent sub-quota.
"We are asking whether 4.5 percent sub-quota has got constitutional or statutory support or not," the bench said.
It said "the second question is whether the office memorandum has constitutional and statutory support or not".
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Additional Solicitor General Gourab Banerji made all efforts to see that the apex court considers his plea for staying the high court order in view of the on going counselling for IITs for which 325 candidates have been short listed under the 4.5 percent sub-quota for minorities.
However, the bench said it was not inclined to stay the high court order and noted that there was ambiguity in the calculation for carving out sub-quota within the 27 percent OBC quota. (More)