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Updated: June 14, 2012 01:02 IST

Minorities sub-quota: no relief to Centre

PTI
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The Supreme Court bench, before which the HRD Ministry placed the relevant and supporting documents forming the basis for the sub-quota, asked “can you make classification on the basis of religion
The Supreme Court bench, before which the HRD Ministry placed the relevant and supporting documents forming the basis for the sub-quota, asked “can you make classification on the basis of religion". File photo

For the second time in three days, the government failed to get the nod for implementation of its controversial 4.5 per cent sub-quota for minorities from the Supreme Court which asked whether the decision could be made on the basis of religion.

Again, on Wednesday 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 the 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, questioning the calculation for carving out the sub-quota within the 27 per cent 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 petitioners on whose PIL the High Court had quashed the sub-quota, the Bench felt the scheme of 4.5 per cent reservation was supported neither by constitutional nor statutory provisions.

The Bench, before which the Human Resource Development Ministry placed documents forming the basis for its decision on sub-quota, asked: “Can you make classification on the basis of religion?”

The court said that unlike 27 per cent reservation for OBCs in Central educational institutions which was supported by constitutional provisions, the December 22, 2011 Office Memorandum (OM) on the sub-quota issue did not have legislative support.

The Bench, which also questioned the calculation of providing sub-quota, wanted to know whether there was any constitutional and statutory support for granting 4.5 per cent sub-quota.

It said “the second question is whether the office memorandum has constitutional and statutory support or not.”

ASG's plea

Additional Solicitor-General Gourab Banerji urged the court to consider his plea for staying the High Court order in view of the ongoing counselling for IITs.

However, the Bench said it was not inclined to stay the High Court order as carving out sub-quota from minorities would have a bearing on the OBCs.

The court once again questioned the government for not consulting statutory bodies like the National Commission for Minorities (NCM) and the National Commission for Backward Classes (NCBC) in determining the sub-quota. “Why did you overlook the NCBC and the NCM? They are two most important statutory bodies.”

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Initiating reservation based on religion is unwarranted means to fetch
votes by the politicians. The political parties,sometimes, take
decisions to earn goodwill of a particular section disregarding the
benefit of the majority. Such reservations could also encourage other
groups to put forward unjustified demands.

from:  Mitasha
Posted on: Jun 14, 2012 at 13:48 IST

Based on the Sachar committee report, Muslims must be provided quotas, not just in AP but throughout India. This will help in the upliftment of 150 million Muslims, which is half the size of USA.

from:  Roeas
Posted on: Jun 14, 2012 at 11:59 IST

What does the author means by 'relief to centre'? Do you mean religion
based reservations are a 'relief to the centre' and thus to the people of
Secular India!?

from:  Ramachandra
Posted on: Jun 14, 2012 at 09:25 IST

@Chinmay:
As a matter of fact, majority of India Muslims (around 56% of total
population) are included in the 'reserved' categories!! Muslim who are
backward are already availing the so called benefits of reservation.
And like Yadavs and Kurmis, muslims too come in all shape and sizes
i.e., from different educational, financial, and social backgrounds.

In a secular country, government can NOT discriminate citizen on the
basis of religion. As simple as that.

from:  Sunil Lathwal
Posted on: Jun 13, 2012 at 23:43 IST

While many people talk of equality and upliftment of poors of society,
they take very narrow evasive view. Almost everyone agrees that
financial background reservation would be much better than present
system but its not so practical, mainly because we are not
Scandinavian country- rich and honest. Right. But this is the very
reason why reservation should be disrupted. Unless a society is
efficient (merit-based) and has honesty in its culture, imposing
reservation will do no good. Not to SCs not to Muslims.Of course, in
resource hungry country like ours, you cant overlook injustice you are
doing to general candidates. Why must I suffer for sins of my fore-
fore-fore fathers when only memory of systemic discrimination I had
seen (having lived all my life in cities) is one in favor of SCs
rather than against it. A good yardstick to measure whose stand is
right would be to look into what other poor countries and cultures
have done for their downtrodden instead of riding on moral high horse.

from:  Shashank
Posted on: Jun 13, 2012 at 23:43 IST

I cannot understand as to why this system of reservation doesn't find
its deadline.Reservations are provided to weaker classes since years
ago, which have seen almost 4 generations of a family,and as such the
WEAK element attached to a class might have got off by now.Continuing it
means that the medicine prescribed by the doctor is not working.So
change the medicine.If at all the medicine is working,then slash off the
quotas already provided and then include any such class who is in need
of it(minorities here).

from:  PRAVEEN KUMAR MISHRA
Posted on: Jun 13, 2012 at 23:43 IST

The headline is misleading. Refusal to stay the order of a lower court
is not the same thing as upholding the said order, as your headline
says. Notice has been issued to the original petitioner and the case
will be heard in due course

from:  oommen joseph
Posted on: Jun 13, 2012 at 22:23 IST

If a Dalit man converts to either Buddhism or Sikh he continues to hold the benefit of reservation... If the same Dalit man having same economic status accepts Islam or Christian as his religion he is going to lose all the benefit... Only religion comes as barrier for reservation… But Supreme Court says reservation based on religion is against constitution … I cannot understand this logic… Plz someone can explain it….

from:  Jafer
Posted on: Jun 13, 2012 at 21:44 IST

The Supreme court is the final pillar left in our democracy to support society. This
judgement provides some succour to the hopes of the parched hearts in India
looking for change.

from:  raj
Posted on: Jun 13, 2012 at 21:04 IST

Keep talking reservations...Don't let merit come up...And one day we'll conquer the world... Come on guys...Though i'm one of the biggest support you'll find for reservation... For me... The criteria got to be financetial background... Dead simple... !With all due respect to our learned Politicians... It's a damn Gimmick !

from:  kumar
Posted on: Jun 13, 2012 at 20:56 IST

AT HABIBULLAH: Since it appears that you have no faith in India (you have exhorted Muslims not to trust "either Bureaucrats or Parties such as Congress, BJP of our Grear Nation for this matter"), you are more than welcome to LEAVE INDIA and emigrate to any other country. No sane Indian is going to miss you if you leave.

from:  Subramanian
Posted on: Jun 13, 2012 at 20:46 IST

good decision. one is poor not through religious beliefs but due to education and other factors. it would do well for our stupid and corrupt government to stop giving out reservations based on religion but instead on economic factors. not all muslims are poor, and neither are all forward caste hindus rich. its high time this senseless practice is removed and the economically poor are helped.

from:  nitya
Posted on: Jun 13, 2012 at 20:43 IST

In place of uniting the nation Congress has been diving it by pursuing the old 'divide and rule' policy. Reservation, ideally, should be completely removed. We have seen that, despite its existence for over 6 decades, we have hardly achieved much. We have just created a few rich people from reserved sections who have joined other exploiters. Why not consider providing free top-class education (not in Govt-run schools with no teachers and inferior syllabus) to the poor, irrespective of their caste and community, until they become employed?

from:  VMN Sharma
Posted on: Jun 13, 2012 at 19:35 IST

The complex Indian caste system will make any cast based reservation policy open for abusing.I think instead of carving new reservation policies which seems to be mere vote politics, politician should focus on real development of poor.

from:  sonu
Posted on: Jun 13, 2012 at 19:09 IST

Is there any deadline for the reservations? When do we think, people can fairly compete in getting a job or getting into an educational institution? I am not telling reservation is bad but is there any stopping point. Can any one either from politics or public explain?

from:  Venkatesh
Posted on: Jun 13, 2012 at 18:51 IST

I wish to see a day when children of parents who have atleast served as Group-B Government or above become ineligible for reservation. This would help the benefits of reservation to be passed on to deserving ones. Why should the children of Doctors, Group A/B officers and other well off parents rob the opportunity from the more deserving ones. Those who have already enjoyed the benefits of reservation are not ready to give it up and that's the reason we still have so much of inequality in India.

from:  Hemnath
Posted on: Jun 13, 2012 at 18:38 IST

@Jayadevan M The phrase 'upholding of the stay' in your comment is absolutely meaningless. Please organize your thoughts before commenting.

from:  vorpal
Posted on: Jun 13, 2012 at 18:29 IST

I just want to say that if dalits were and are being exploited on the basis of caste so reservation must be on the basis of caste.

from:  Retesh
Posted on: Jun 13, 2012 at 18:05 IST

India is a case of 'Death by a million different quotas' It's a never ending cycle of Politicians pandering for votes and communities pushing the envelope and asking for more.

from:  Arvind Pushpanathan
Posted on: Jun 13, 2012 at 17:52 IST

The true sense of reservation lies in benefiting the needy, who are economically, socially and educationally backward. But the bitter truth is it only creates a 'creamy layer section' in the backward / scheduled communities with very little benefit sneaked-in to the deserved. Even after 64 years of independence, with reservation reached its peak in many states (say 69% in Tamil Nadu) violating SC verdict, it is disheartening to observe that there is neither fool-proof mechanism to exclude creamy layer from the reservation benefits nor it is implemented.

from:  Shankar
Posted on: Jun 13, 2012 at 17:36 IST

If only our politicians had been sincere enough, not only looking after their own petty interests and indulging in the vote-bank politics, the need for reservation after six decades of independence have not remained at all.

from:  AMIT KUMAR JHA
Posted on: Jun 13, 2012 at 17:15 IST

According to me reservation should be totally avoided....if we keep giving reservations to minorities and backward classes then what would happen to general people...why these people should suffer after getting same score as minorities group...one solution to this would be to give effective education to the minorities people before exams...and then every one should be treated on same level.....but our government fails to provide good education to minorities and get votes from the people by giving reservations to the minorities....this will never help india to become a super power...

from:  rekha
Posted on: Jun 13, 2012 at 17:03 IST

I would suggest to have a top down approach. That is the highest elected house of Parliament should have reservations for every one. This should include not only women, SC/STs but there should also be OBC seats, seats for all religions etc. Then let's have this for educational institutions. Second point is how does one determine if a person/family is socially backward? The definition here is pretty ambiguous. So instead of trying such gimmicks and jumping the gun, govt should try to provide elementary and basic education first rather than providing reservation in higher institutes of learning.

from:  Prasad
Posted on: Jun 13, 2012 at 16:55 IST

Knowing the people who run the government, it won't be surprising if they try to amend the constitution in order to push through their quota. I guess this government is probably the worst since VP Singh.

from:  Svetaketu
Posted on: Jun 13, 2012 at 16:54 IST

I don't understand the concept of reservation on the basis of religion and its purpose. The privilege of reservation has been in existence for over 5 decades. How many years more will it take to uplift the minorities?If this continues, I am sure the so called creamy layer now will require reservation in near future. This seems to be cyclical. I suggest that reservation should be made on the basis of income instead of religion. We cannot say that the OC community is rich and super lavish while the BC,SC,ST etc is below the poverty line. The majority in India is poor irrespective of religion and caste. It is better that these poor people are offered some privileges under the defined quota.

from:  Sindhura
Posted on: Jun 13, 2012 at 16:50 IST

Poor muslims & other minorities used as cannon fodder by pseudo-secular parties for self gain/winning election. Time for minorities to shun these parties & join hands with majority community. The only way forward is through education & not reservation. Future employment generation shall be 90% belongs to private sector where no party can impose reservation. If the govt try to impose reservation pvt sector will go abroad & so shall every qualified Indian leave for abroad where GOI cannot impose will.

from:  Shaleen Mathur
Posted on: Jun 13, 2012 at 16:44 IST

The nation suffering with this decease,prepare good weather for live better way for this make the way. Eng, Doctor,etc.. should be made on the basis of quality not on the basis of Quotas, it will spoil the system. Up to primary education give support for education but never give quota for jobs like eng,medical,responsible organisations.

from:  rajesh g
Posted on: Jun 13, 2012 at 16:29 IST

The Supreme Court has done well to deny religion based reservations that the Congress has been trying to bring the only purpose of which is to garner muslim votes. If the party was really interested in improving the lot of the needy, why not use the economic criteria for reservations? The Congress is playing a very dangerous game. Already the caste based reservation system is creating havoc in the country where the benefits are going to the wealthy and politically powerful amongst the OBCs and SC/STs and perpetuating the much derided caste system.

from:  krishna
Posted on: Jun 13, 2012 at 16:27 IST

If we keep on dividing our india on the basis these quotas soon we will look like a zany who has different colourful dress

from:  shashank
Posted on: Jun 13, 2012 at 16:21 IST

AT CHINMAY: If at all ANY reservation is to be provided to ANY ONE, it should be done solely on the basis of one's economic and social standing. If Muslims have remained backward, they have only themselves to blame. Many of them flock to Madrassas (Islamic religious schools) where the curriculum consists overwhelmingly of memorising the Quran, Islamic jurisprudence, and other topics that have to do with Islam. All this is learned at the cost of secular (that is, non-religious) education that can provide individualistic thinking and scope for fruitful employment. One reason given for the flocking of Muslims to Madrassas, is the free education (so-called education) and free boarding and lodging provided for the students there. Having shunned such secular education, Muslims cannot expect to gain employment in mainstream professions, and in the absence of holding mainstream professions, they cannot expect to make economic progress.

from:  Subramanian
Posted on: Jun 13, 2012 at 16:16 IST

The problem in granting quota to religious minority is devoid of any logic. Article 25 of our constitution grants freedom to practice and propagate any religion. In such a case, one can convert to one of the minorities' religion and stake claim on the quota. Secondly, it would amount preferring one religion over the other which goes against the very spirit of secularism where all religions are to be treated equally.

from:  Pritam
Posted on: Jun 13, 2012 at 16:06 IST

People who think bad about reservation must mind that there is no need for India to be a super power as only a few number of people are going to enjoy the entire wealth then. We don't want to be a citizen of a super power nation. We need food,shelter, clothing, education,job and a healthy living! That's it!

from:  Shanmuga
Posted on: Jun 13, 2012 at 16:05 IST

No doubt poor people irrespective I'd caste should be benefited. For that what the muslim be added as an Obc or OBC after due process. You can introduce creamy layer treat all poor equally and help them improve their education and status.

from:  Veeraswamiv
Posted on: Jun 13, 2012 at 15:59 IST

Dear Chinmay, you are talking about religious minorities. According to minority sub-quota cut off rule from OBC should be carved out for socially and educationally backwards.

from:  Amit Kumar Chauhan
Posted on: Jun 13, 2012 at 15:50 IST

everybody is thinking about filling quotas..what about general class? a student in general class with 98% score fails to get admission in a good college but a quota child with even 50% marks is admitted.. Really India is progressing!!

from:  shalini
Posted on: Jun 13, 2012 at 15:50 IST

@ raja pamarthi When I read comments of people like u, it makes me feel proud that I am an Indian. Its such a wonderful country and its people are so good. But still there is section of people in our country who can not see the followers of other community. Hindus from that particular section feels that muslims are all foreigners and muslims feels that Hindus are not good. And regarding this reservation issue, yes , right now muslims desperately need it. Muslims constitute 14-17 % of Indian population but there representation in most of the places is less 2-3 percent except in jails where it is around 30-40%. So, this is the condition of muslims at present in India. Upto an extend Muslims are responsible for their own misery but then we have in our constitution certain provisions like article 341 that stops them from getting the benefits which their counterparts from other religion(except Christians) are availing. So,its high time that govt look into the issue and do something..

from:  sayeed
Posted on: Jun 13, 2012 at 15:48 IST

My dear Muslims, Please do not trust either Bureaucrats or Parties such as Congress, BJP of our Grear Nation for this matter, who are never going to submit or allow any creteria to be shown to the courts such as true population percent, economic, educational backwardness of Muslims now in India to uplift the these people. Many would use existing laws, minute sectional of this constitution to deny the lawful rights. The only ways of educating our young generation at all levels, teach them small trade(s) which had been historically the reason our economic upwardness, formulate strategy to create Interest free banking system. Be united politically, all will happen will happen automatically.Please put pressure on Mauylam, Mamata, Nitish who may not as bad or opportunitic as Congress or BJP.

from:  Habibullah
Posted on: Jun 13, 2012 at 15:49 IST

Reservation in some form exists in many of the most advanced countries under various names to provide a level playing field for the socially and economically disadvantaged sections of the society. There is no doubt that it is well intended policy which is to be commended. Many of the aborigines in Australia, New Zealand, Canada and America have living standards no better than in sub saharan Africa. Government should be very careful in defining the beneficiaries and the policy should not be aimed at a particular religion as it can be construed as derogatory to the followers. If policy makers announce these decisions on the campaign trial without due consideration I do not expect anything better. Economically backward and socially stigmatised sections from all religions should have equal claim to reservation.

from:  Sridhar
Posted on: Jun 13, 2012 at 15:48 IST

Good decision, the quota system is futile. Jobs should be given to people in accordance with ability and talent to do the work, not on a system of sub-quotas based on religion or caste. This will divide the country even more and the talented people will be left by the wayside..

from:  Vipul Dave
Posted on: Jun 13, 2012 at 15:46 IST

This is a real ,much needed slap on the most corrupt and shameless government in the history of Indian democracy.Reservation can never be a solution to any problem, in fact it creates more problems by adding to the discontent. This proposed quota was a cheap ploy to garner Muslim votes by undermining the very essence of Indian Constitution. our Constitution clearly mentions that the State cannot discriminate among its citizens on the basis of religion. But this shameless,corrupt government can go to any extent for easy votes. Thanks to the AP high court and Supreme Court for upholding the constitution and quashing this cheap ploy of this government.

from:  santosh
Posted on: Jun 13, 2012 at 15:46 IST

Wish atleast by now govt. realise that the reservation should be income based and not caste based. A country can develop only if the economically backward are given an uplift instead of reservations by religion, caste/creed

from:  sirisha
Posted on: Jun 13, 2012 at 15:32 IST

All quota systems should be removed. Supreme Court judges great!

from:  Babu
Posted on: Jun 13, 2012 at 15:30 IST

I would like to ask 'chinmay' what is his definition of backward? because as far as my understanding serves me backwards are those who don't have enough money to lead a dignified life ie. those who are poor in simple word, and since poverty doesn't discriminate among people on the basis of cast and religion then why should there be reservations on the basis of caste and religion? so the only criteria of reservation should be economical condition of the person or just free education to the people who are economically weak and as far as Muslims are concerned they need better education more than reservation, large section of muslims send their children to madarssas rather then sending them to regular school will they become doctors and engineers after studying in madarssas? The answer is NO, so all that needs to be done is to lay emphasis on education of every Indian child and that is the only way how so called 'backwards' could be uplifted.

from:  Rohan
Posted on: Jun 13, 2012 at 15:27 IST

If Congress had to give reservation to muslims, it should have done before independence. Atleast Pakistan would not have been created. Seondly reservations should be a short term measure. If the policy of reservation has not brought harijans to the level expected in 65 years, one conclusion is sure that there is some major flaw in this policy. Atleast try something new rather than declaring more communities under SC/ST/OBC.

from:  Vivek
Posted on: Jun 13, 2012 at 15:14 IST

Why every one wants reservation ? Where is your self respect for work. Do smart work live life with destiny.Indian wake up end this quota system.If any community wants to start movement/protest then start it against reservation law.If community wants upliftment of India as well as community.

from:  Rishi Pateriya
Posted on: Jun 13, 2012 at 15:10 IST

This verdict calls for Law Minister's resignation, if not PM's, for letting down the Constitution

from:  DehatiBharti
Posted on: Jun 13, 2012 at 15:00 IST

How can you provide reservations on the basis of religion?! Its utter nonsense. This has been the major drawback in the development of the country. Reservations should solely be based on economic status. There are muslims, hindus, christians and sikhs who are rich as well as poor! Instead of dividing on the basis of religion or even reserving seats based on economy; the best way is to provide financial benefits like free textbooks or courses to low income group so that they compete on the same level as others without having to unfairly win irrespective of the talent they possess. Kudos to the judges to have done this!

from:  Bharadwaj
Posted on: Jun 13, 2012 at 14:56 IST

I am waiting for that day when a political party would say "Give us 5 years clear majority, and you won't need quota system anywhere and for anything". wishful thinking?

from:  Vineet
Posted on: Jun 13, 2012 at 14:54 IST

if giving 4.5 percent reservation on the basis of religion, then what is the basis to deny the reservation to Dalit Christians on the basis of religion? Fail to understand this? Different rule for different people?

from:  Siluvainathan
Posted on: Jun 13, 2012 at 14:47 IST

The Supreme Court has correctly upheld the AP High Court Order quashing the minority sub-quota. It is a puzzle as to why the government wants to introduce minority quota suddenly after 64 years of independence. They should not indulge in cheap politics with certain ulterior motives and thus divide the people, which will result in communal disharmony. Agreeing to the minority sub-quota will only tantamount to government support to religious conversion.

from:  S. Parthasarathy
Posted on: Jun 13, 2012 at 14:46 IST

Very sensible decision by Hon Supreme Court.The very basis of the caste based reservation is repugnant. There is a saying that "Give a man a fish; you have fed him for today. Teach a man to fish; and you will not have to listen to his incessant whining about how hungry he is."! Communities outside reservation are forging ahead using their ingenuity and others are on permanent crutch of reservation and whining for more! No challenge no progress!How very fortunate are people out side quota system!

from:  N.G. Krishnan
Posted on: Jun 13, 2012 at 14:29 IST

Please fill everything with quota system. India will become super power
in the year 3500.

from:  Kannan
Posted on: Jun 13, 2012 at 14:27 IST

I fail to understand the logic of Supreme Court.Muslims are one of the
most backward communities of India.If rich,financially strong and
politically powerful communities like YADAVS,KURMIS,VANNIYARS can
have reservation then why not Muslims.A nation can grow only if its
minorities are treated well.Caste politicians like lalu,mulayam have
used Muslim votes but given share of power only to their respective
castes.Moreover all political parties with exception of BJP and Shiv
Sena have supported demand for muslim reservation.Its time
constitution is amended and creamy layer among Hindus should be
removed from the reservation and the same benefit should be extended
to Muslims.Else Muslims should start a peaceful mass movement like
KHILAFAT to get what is their due

from:  chinmay
Posted on: Jun 13, 2012 at 14:25 IST

Thanks to both the judges.

from:  Raja Pamarthi
Posted on: Jun 13, 2012 at 14:14 IST

thank GOD of india! government is so desperate,it wants the public to just forget all the scams and financial crises leading Indian to the 0.1% growth. but atleast there is Apex court which always take care of such discriminating actions of government. atleast from now we should realize that all this reservation propaganda is just for vote bank not for welfare.

from:  uttam kumar tiwari
Posted on: Jun 13, 2012 at 14:11 IST

Dear All,Providing reservations in the name of religion and caste is nothing but creating a wall without any door within the humanity and if the wall already exists which I am quite sure of; then further strengthening it...While providing reservations following are the notions in our mind:(IF I AM RIGHT) (i) Providing right of education,healthy living and an assured future financially and in every terms (ii)Bringing the people of backward classes from background to the front so that they don't feel left behind. BUT....if we ponder rightly ...somewhere in our own mind and heart we will find the solution...don't you think rather than providing reservations in the name of caste we can provide reservations for those who come from a family with a very week financial background but good academic records.Don't you feel that when the need of the hour is to remove discrimination on the basis of caste and religion we are actually strengthening it by such reservations.

from:  Shilpa Suman
Posted on: Jun 13, 2012 at 14:07 IST

We need a government which could really act for the cause. For how long SC would keep telling union government not to practice useless methods or processes. Be it minority sub quota, scraping the JEE or screening social networking sites.

from:  A R Godara
Posted on: Jun 13, 2012 at 14:07 IST

As it stands, the upholding of the stay is good. But many more games are still to be over. Let's hope that the judiciary can see through the data and the clever ploys of defending politicians. There should be no additions more to the existing reservation system. Rather we should subtract those who do not need reservation from the present reservation list. Reservation based on religion can not be principle-based in a secular democracy.

from:  Jayadevan M
Posted on: Jun 13, 2012 at 13:41 IST
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