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Court: No 27% quota this year


New Delhi, April 23: The OBC quota will not be implemented this year
as the Supreme Court on Monday rejected the Centre's application to
vacate the stay on the implementation of the 27 per cent quota in
elite Central educational institutions. With the country's highest
court putting the brakes on the government's plans, the IIMs said that
they will be announcing their admission list following a government
notification.

The court reiterated on Monday that its March 29 order was "final",
and not an interim one as perceived by the government, and rejected
the arguments put forward by the Centre for lack of new information.
The IIMs, which had put their results on hold following an order from
the HRD ministry last week, said on Monday that a date for announcing
its admissions lists would be taken after a communication is received
from the ministry.

"We are hoping that the next information from the government will be
very soon. The six directors will meet and then decide on the next
step. We have always taken unanimous decisions all along and will do
so this time too," IIM Ahmedabad director Bakul Dholakia said in
response to the court's order. The only good news for the Centre on
Monday was the decision of the two-judge bench, of Justices Arijit
Pasayat and L.S. Panta, to examine the Centre's request for referring
the matter to a Constitution Bench, which will be taken up in August.

The Centre's insistence on implementing the quota from this year came
in for questioning by the court, which asked why the government wanted
to rush through the implementation. "You had waited for 57 years. Why
can't you wait for one more year," Justice Pasayat asked. [Official
sources indicated late on Monday night that the government was
planning to approach the Chief Justice of India, Justice K.G.
Balakrishnan, for expeditious hearing of the case, reports PTI.]

It was argued by the government that the quota would not affect
general category seats in any way, but the court was not convinced and
quoted a sub-section of the Act which contained a provision wherein
the Centre was empowered to exempt any of the educational institutions
from implementing the quota for one reason or other. "The government
rule cannot stand on better footing than the Supreme Court of the
country, which [derives] its powers from the Constitution," the bench
said.



In its March 29 order, the two-member bench had stayed Section 6 of
the Central Educational Institutions (Reservation in Admissions) Act
insofar as it related to the 27 per cent quota for OBCs in
institutions like IITs, IIMs and Central universities. The bench then
had fixed the first week of August for hearing the constitutional
validity of the law.

Universities and institutes that have been waiting for the court's
order refused to comment officially till a government notification
reached them, but indicated that they would go ahead with their
admission process in view of the order. The IIMs, which are currently
running behind schedule, said they were hoping to make up for lost
time provided the Centre sends a notification in time. IIM Ahmedabad
director Bakul Dholakia said the time period for students to accept
offer letters may be reduced to reduce the delay.

The Central universities, however, were not as sure. Although it is
clear that the OBC reservations will not happen this year, Delhi
University officials said they are hoping to go ahead with their
expansion plans to improve infrastructure. "It will depend on what the
government decides on. But as far as expansion plans are concerned, we
would like to go ahead as it is much needed in any case," a senior
official said. HRD ministry sources said, meanwhile, that the
government was exploring all legal options in the wake of the court's
ruling. "All legal options are being looked into," they said within
hours of the verdict, adding that senior officials of the ministry
were consulting solicitor-general G.E. Vahanvati on what steps to take
next.

Asked if any fresh directive would be issued to the IIMs, which had
earlier been told to keep their admissions process on hold, the
ministry sources said: "We will them shortly. We also do not want to
inconvenience the students."

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