Quota: SC issues notice to Centre

With the deadlock on the quota issue continuing, the Supreme Court today decided to examine the government's controversial move to provide 27 per cent reservation to socially and economically backward classes in higher educational institutions.

Questioning the basis on which the government decided to go ahead with reservation, a vacation Bench comprising Justice Arijit Pasayat and Justice L S Panta issued notice to the Centre directing it to explain the modalities to be adopted for its implementation.

Taking serious note of the concern raised during the hearing that adoption of such a policy would divide the country on caste basis, the court sought response from the government as to what would be the basis for identifying the OBCs.

"These questions have serious social and political ramifications and this court will deal with it appropriately," the Bench said while deciding to examine the effect of the implementation of the policy.

Additional Solicitor General Gopal Subramanian, who accepted the notice on behalf of the Centre, said the court had touched upon the core issue relating to reservation.

The court sought a counter affidavit within eight weeks from the concerned ministries like social justice and empowerment, human resource development, science and technology, commerce, health and department of statistics and programme on the petitions filed by advocate Ashoka Kumar Thakur and Shiv Khera challenging the validity of the Constitution's 93rd amendment extending reservation for the OBCs.

The court appealed to the agitating students to give up the strike under the backdrop of its decision to examine the whole issue.

The petitions, filed separately by Thakur and Khera, sought quashing of the proposal of reservations, contending that it was ultra vires to the Constitution.

Thakur, in his petition, submitted that the Centre intends to push the higher reservation quota which requires a survey for an exact estimate of the OBCs' share in the total population.

"The recommendation is considered important precisely for the reason that if it is accepted it will lead to first ever caste-based census since 1931 when the practice was dropped," the advocate said.

Contending that the apex court has already settled the issue of reservation, which cannot be more than 50 per cent, the advocate sought a direction for warding off of 'creamy layer' from the scheme as was held in the Mandal case in 1992.

Khera contended that the amendment to insert Clause 5 in Article 15 of the Constitution was with the intention to overcome the law laid down by the seven-judge Constitution Bench that had held that the state cannot impose its quota policy on minority and non-minority unaided private colleges including professional colleges.

"The amendment has conferred unlimited and arbitrary power on the state to make reservations in all the educational institutions," his counsel Vivek Tankha said.

The news of SC notice to the Centre boosted the morale of the anti-quota protesters. They said they may consider calling off the strike.

On the other hand, the pro-reservation groups have threatened to take to the streets if the courts and the government tamper with the constitutional rights of the SCs, STs and OBCs.

Students under the umbrella of Youth for Equality here said that they respected the judiciary and its appeal to them to call off the agitation in public interest. "We will seek legal advice today and after getting a clear picture on the exact content of the court ruling decide whether or not to withdraw the agitation," Dr Subrato, a spokesperson for Youth for Equality in the All India Institute of Medical Sciences, said.

The students said they welcomed the possibility of an increase in seats. "It is something that our agitation has won by default," said Dr Subrato, adding that the Youth for Equality was not interested in the Oversight Committee set up by the government.

"We want nothing less than a review commission on reservation to examine if it has worked so far. If it has worked then why is it that more reservation is needed? It obviously has failed all these years," student leaders said.

Students in Maulana Azad Medical College and University College of Medical Sciences here will observe strike on Wednesday against the proposed reservation.

Meanwhile, the students and teachers agitating in favour of quota in higher education under the banner of Medicos' Front for Equal Opportunities (MFEO) today expressed alarm at the apex court ruling on quota.

"We will be left with no other option but take to the streets if the courts begin to attack reservation. For it is certain that the courts will then see to it that even the SC/ST reservation is wiped out totally," said Dr Vikas Vajpayi, convenor of MFEO.

The daily lunch-hour dharnas organised by MFEO at AIIMS have been growing in strength with many students from JNU joining them since yesterday. Today, about 350 students, teachers and employees attended the dharna at AIIMS, while a similar dharna was staged at Maulana Azad Medical College.

Meanwhile, Pro-Reservation Front convenor Udit Raj wrote to AIIMS director today seeking his permission for holding a dharna in the premises.

Earlier, Udit Raj and his supporters were arrested when they tried to demonstrate inside the AIIMS premises alongside the striking anti-reservation students.

Udit Raj had alleged that the AIIMS director was a fascist who had flouted court orders and allowed an agitation to be carried out in the premises for so long.