SC refuses to stay minority sub-quota order

In a setback to the Centre’s policy of providing reservations along religious lines, the Supreme Court on Monday declined to stay the Andhra Pradesh high court’s order quashing the 4.5% sub-quota.

In a setback to the Centre’s policy of providing reservations along religious lines, the Supreme Court on Monday declined to stay the Andhra Pradesh high court’s order quashing the 4.5% sub-quota. The apex court pulled up the government for its “casual” handling of the “sensitive” issue and refused to admit the petition.

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A bench of justice KS Radhakrishnan and justice JS Khehar posted the matter for hearing on Wednesday, asking attorney general GE Vahanvati to first produce before it the supporting documents on the issue by Tuesday.

The Centre had moved the apex court, challenging the May 28 high court order quashing 4.5% reservation for minorities within the 27% OBC quota in central educational institutions like the IITs.

The quota for minorities in jobs and educational institutions was announced by the UPA government in December 2011, in the backdrop of assembly elections in Uttar Pradesh, where Muslims form 18% of the population.

The court expressed its “unhappiness” that the Centre was blaming the high court when it had failed to produce documents to support its case. “First of all you have not produced any documents in the high court. We would have been happy, if you had done so.”

“How can you (Centre) break up the 27% OBC quota? It is a complex matter …Tomorrow you will carve out further quota,” said the bench, criticising the HRD ministry for rushing to the apex court against the HC order.

“We are unhappy with the manner in which government issued the office memorandum in this sensitive matter. You should have exercised some care.”

The government had sought an immediate stay on the HC order to aid more than 300 students who had qualified for IITs under the sub-quota. Despite law minister Salman Khurshid’s statement that the Centre would approach the SC in July, HRD ministry moved its appeal on June 8 because IITs’ counseling session was fixed for June 13.