For the second time in three days, the apex court refused to stay the Andhra Pradesh High Court order quashing the 4.5 per cent sub-quota for minorities carved out of the 27 per cent OBC quota in central educational institutions.
The order will have a direct implication on prestigious educational institutions like IITs which can go ahead with admissions ignoring the sub-quota provision under which 325 candidates from minorities were shortlisted for counselling.
"We are not inclined to grant stay," a bench comprising justices K S Radhakrishnan and J S Khehar said while questioning the calculation for carving out the sub-quota within the 27 percent OBC quota.
"You are carving out 4.5 per cent sub-quota. Will it not affect other OBCs?" the bench asked referring to the data provided by the government about the ongoing counselling for IITs. It said the effect would "not be marginal".
Before issuing notices to the petitioners on whose PIL the high court had quashed the sub-quota for minorities, the bench was of the view that the scheme of 4.5 per cent reservation was neither supported by Constitutional provisions nor by statutory provisions.
The bench, before which the Ministry of Human Resource Development placed documents forming the basis for its decision on sub-quota, asked "can you make classification on the basis of religion". MORE
