It won't stay A.P. High Court order
The Supreme Court on Monday refused to stay the Andhra Pradesh High Court order that quashed 4.5 per cent sub-quota for minorities in central educational institutions such as the IITs, and ticked off the government for the way it had handled the “complex” and “sensitive” issue.
The apex court expressed its “unhappiness” that the Centre was blaming the High Court when it had itself failed to produce documents to support its case.
A Bench of Justices K.S. Radhakrishnan and J.S. Khehar was critical of the Ministry of Human Resource Development rushing to the apex court with the appeal against the May 28 order of the High Court without documents to justify the policy of carving out 4.5 per cent sub-quota within the 27 per cent OBC reservation.
Without issuing any notice, the Bench asked Attorney-General G.E. Vahanvati to produce before it the supporting documents on the issue by Tuesday and posted the matter for hearing to Wednesday.
The Bench said it cannot stay the High Court order “unless the government produces material to show a detailed exercise was undertaken to carve out the sub-quota.”
The Attorney General started submissions by taking the “blame on his shoulders” for the outcome of the sub-quota policy in the High Court by saying that the “argument was not the most brilliant.”
He sought some protection in view of the ongoing counselling for IITs for which 325 candidates had qualified for it under the 4.5 per cent sub quota and their career and future could be jeopardised if they are not allowed to appear for the counselling.
When Mr. Vahanvati said there was need for some protection in view of the ongoing counselling for IITs, the Bench said, “We will not order stay.”
“First of all you have not produced any documents in the High Court. We would have been happy, if you had done so,” the Bench said.
The Bench wanted to know from Mr. Vahanvati as to what was the basis and how did the government determine 4.5 per cent sub-quota for minorities.
When he sought to point out errors in the High Court order, the Bench said it was natural for the High Court to ask questions on which the Centre was complaining. The Bench, which was not in agreement with Mr. Vahanvati that the “High Court has gone completely wrong,” said “when the December 22, 2011 Office Memorandum (OM) (on 4.5 per cent sub-quota) reflected nothing, the High Court will ask questions.”
“Without placing documents, how can you find fault with the High Court [order],” the bench said adding that “where is the material and the High Court says nothing is produced.” When Mr. Vahanvati said the High Court also missed the 1993 notification on caste identification, the Bench wanted to know whether it was placed before it or not.
Keywords: Minorities sub-quota, OBC reservation
Good Observation, Krishna. Even being from the Minority Community, I
have always felt that Reservations on the basis of Caste/Religion will
only strive to deepen the divide, already festering, in India.
Reservations on the Basis of Financial Status and Merit, are the only
Plausible Ways to ensure that Justice and Opportunity are Handed over
Equitably.
There is a massive denial of public and private employment of Muslims. This is a loss to the nation. In the case of absence of reservations in public recruitment, Indian Muslim minorities have lost at least 10% share in the total salaries and pensions. In India about 75% of the Govt., Expenditure goes towards payment of salaries, wages, allowances and pensions. Is it not unfair that a few minority Hindu upper castes get say 30% of this total Govt., Expenditure where as the economically weaker Indian Muslim minorities get only 2 to 3% of the Govt. Expenditure because today the Indian Muslim share of the public sector employment is between 2 to 3%?
Quota is another direct form of corruption in India and of course. This hopeless corrupt Congress spoiled India for the past 60+ years and working towards further destruction - both economically and socially. India is a democracy. All are equal. Talents and true contribution by individuals for nation building are vital. The existing unconstitutional quota and reservation at all levels including reserved constituency to be removed. The government should responsible and take all the necessary steps to improve our national wealth and equitably distributing the created wealth by all our countrymen through well structured tax and social security system.
Government thought of bringing the change whenever elections comes.Really Supreme court is ruling at the centre if we look many cases like 2G, upcoming home minister's case
Supreme Court should re-iterate the basis of reservation to our prodigous leader (Sacrcatic), who don't even remember sacrifies done by our Freedom fighters. Our present leader of the country has forgotten the foundation pillars which our forefathers has led during freedom fighting. I would like to mention incident of Poona Pact, Sept 24, 1932; where Gandhiji showed his determination, by going on fast, to uproot this cast politics. They are fighting to get this reservation bill passed even without any public participation, but not considerate at all about law which can prevent the menace due to corruption.
what is the future of that 325 people.i my views reservation for minorities is very correct....
In older days we were using reservations for to improve tribal areas because they were very back in education.But this is the time we don't require reservations in any category ......!It is just my opinion.
The Supreme Court has rightly refused to stay the Andhra Pradesh High Court's order on the 4.5% sub-quota for minorities as the govt. could not produce any material to support the same. Religion is a very sensitive issue & the govt. is unfortunately, playing the 'religious card' to woo the minorities for votes while talking of an Equal Opportunities Commission as well. In fact, all reservations should be done away with & the concept of minorities scrapped for, we are all Indian first & Hindus, Muslims, Christians etc. later. Merit should be the only criteria for admission in educational institutions as well as for employment. However, facilities should be extended in the field of education for those who are economically weak for, education/knowledge is the only way to success & of the same is 'thrust' upon students by way of quota, it will only increase the caste divide already prevalent in our society. The sooner our politicians understand this, the better.
True if the rulers are really sincere to uplift the downtrodden among the people, ONLY economic criteria should be applied; reservation on basis of religion IS pure vote bank politics, that will divide the nation on basis of religion; pitiable,we pride ourselves as "secular"
(as opposed to Muslim nation we created by partition) BUT continue our policy of appeasement in all manner possible, DENY the fruits of our freedom to Majority community - very sad turn- Nehru dynasty with total foreigner as BOSS rules the country and CHELAS AND CHAMCHAS play to her tune and introduce such ridiculous regulations; Time our nation woke up to the realities and engaged itself in Emancipation of the weaker sections to help them rise in life thru education; God help
I totally agree with Krishna when he says that " Reservations must be
only on the basis of economic criteria to help the needy, regardless
of their caste/religion "
Even the learned Dr.Ambedkar, in his heavenly abode, must be feeling
sad to sea the way his noble intentions are used ( rather misused ) by
the present politicians, to meet their selfish ends.
May God save our country !
It is important for the country that Congress comes into power again(lesser evil). Centralization of education is critical for our nation to keep standing as a nation and not dissolved like slavic countries and other. Vote bank politics played by Congress is important in this regard and necessary if we choose to exist as one country for Indian.
its very nice decision of SC.
It is a good stand by the Supreme court. Politicians are thinking only of their vote bank, no one knows where this reservation will end. May be i guess once it reaches 99 percent then it will stop. No value for merit. A general student scoring 90 percent is not getting the seat in the top Indian institutes but a student from other categories with hardly 60 percent or less getting the admission. Then at the end our ministers raise the question why none of our universities is in the world top list? Well how can you expect them to be.
Dear Editor,
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.
Regards,
Shankara Narayanan T S
RH-906, Purva Riviera Apartments,
HAL Airport - Whitefield Road,
Marathahalli, Bangalore - 37
The Central government does not have interest in getting A.P court
verdict suspended. Only to please the minority community they have
preferred this appeal
Good. The Govt. is playing vote-bank politics. Reservation on the basis of religion is unconstitutional. Even the reservations to SC/ST and OBCs are wrong. Reservations must be only on the basis of economic criteria to help the needy regardless of their caste/religion. That will also prevent the politicians from playing vote bank politics.
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