http://www.thehindu.com/2007/04/15/stories/2007041504280800.htm
Centre to move Supreme Court tomorrow on OBC quota issue J. Venkatesan Creamy layer not to be excluded, says application 1931 Census was only the basis to arrive at the figures Actual figures were based on data collected in 1979-80 New Delhi: The Centre will file an application in the Supreme Court on Monday for vacating the interim stay against the implementation of the 27 per cent quota for the Other Backward Classes (OBCs) in central institutions of higher education. Highly placed sources told The Hindu on Saturday that the application had been finalised in consultation with the Solicitor General G.E. Vahanvati. There were no differences between the Law and Human Resource Development Ministries on the application or in engaging the services of law officers. The sources said Mr. Vahanvati and Additional Solicitor General Gopal Subramaniam would appear for the Government. On the court's observations that the 1931 figures could not be relied upon as they were outdated, the application will say that though the 1931 census of Backward Classes formed the basis for arriving at the figures, the actual figures were based on the data collected in 1979-1980 and heavily relied on by the Mandal Commission. This data was considered and accepted by the Supreme Court in the Indra Sawhney case. The application will also justify the Central Educational Institutions (Reservations in Admission) Act, 2006, that provides for 27 per cent reservation for OBCs. Further, it will say that the implementation of the legislation would not in any way affect the rights of the students belonging to non-reserved categories as the additional seats for OBCs were in no way a reduction in the available non-reserved seats. The Centre will make it clear that there could not be any concession of removing the "creamy layer" among the OBCs. The OBCs could not be denied the natural advantage by excluding any section of them as "creamy layer" in education. Interim order The March 29 interim order said, "It would be desirable to keep on hold the operation of the Act so far as it relates to Section 6 thereof for the OBCs category only. We make it clear that we are not staying the operation of the statute particularly Section 6 so far as the SC/ST candidates are concerned." The Government will seek a clarification on whether there was a stay on the implementation of the 27 per cent quota for the OBCs. It will contend that the interim stay had resulted in irreparable loss as the admission process in various Central institutions had already started and an academic year would be lost if the stay was not vacated. The Government also proposes to pray for referring the matter to a Constitution Bench as substantial questions of law of public importance were involved.
