Virtual Shiksha

Supreme court of India has put on hold the proposed quota for "other backward classes" category in central institutions like IITs, IIMs and AIIMS on 29^th March 2007.

This is being seen as a major setback for United Progressive Alliance (UPA) government. Parliament had passed a bill to this effect on December 14, 2006. This bill provided 27 percent reservation ot OBCs in centrally sponsored institutions.

But in mid January, SC ruled that laws put in 9^th schedule are open to court's scrutiny. SC also asked center as to why the bill giving 27 percent reservation to OBCs should not be canceled.

Taking a cue from the Ambedkar himself, the SC opined that the Chief Architect of the Indian Constitution did not want reservations in perpetuity as it would unduly have an adverse impact on those who are left out. The SC said "Reservation cannot be permanent and appear to perpetrate backwardness'.

Taking strong exception as to how the government was trying to use the 1931 census as a basis for fixing 27% quota for OBCs, - the Bench came down heavy on the use of outdated census saying '”there is no explanation as to why there is no firm data for determining backwardness. As a result, unequals are treated as equals'”.

As expected, the reactions were mixed. All the political parties called the judgment uncalled for.

On the other hand, student organisations in front of the protest against the quota bill welcomed the judgement saying that judgment has vindicated their stand.

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