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Government to approach apex court

Special Correspondent

On OBC reservation issue


  • Draft law on quota for unaided deemed varsities put on hold
  • Backing of all State governments obtained

    NEW DELHI: Union Human Resource Development (HRD) Minister Arjun Singh on Wednesday said the Government would approach the Supreme Court in a couple of days as part of its steps to ensure that reservation for Other Backward Classes (OBCs) in higher education institutions under the Centre becomes operational from the coming academic session.

    Responding to questions on the situation arising out of the interim order staying the implementation of OBC reservation, Mr. Singh said:

    "We will file a petition in the next couple of days but I cannot say what our prayer will be."

    To a question on the impact of the stay on admissions, he said: "I hope the court will take into consideration the case of the students affected by the interim order."

    The Minister was addressing a press conference at the end of the two-day conference of State Education Ministers convened by his Ministry.

    Bill ready

    The Government had put on hold the draft legislation to extend reservation to unaided deemed universities in the wake of the interim order.

    The Bill was ready and efforts were on to bring it before Parliament when the Supreme Court stayed the implementation of OBC reservation .

    Asked whether the Ministry would consider excluding the creamy layer from the purview of OBC reservation — a point raised by the Court in its interim order — Mr. Singh said: "The Cabinet and all political parties have taken a decision for inclusion of the creamy layer. How is it possible for me to exclude it on my own?"

    At the meeting, the HRD Ministry secured the backing of all State governments on the reservation issue.

    The Education Ministers, he said, were one in pressing for exercise of all legal options to get the stay vacated without entering into a confrontation with the Court.

    Points of consensus

    According to a note released by the Ministry on the "points of consensus'' arrived at the meeting, all States agreed to speed up enactment of State-specific legislation to give effect to the 93rd Constitution Amendment which enables reservation for the Scheduled Castes, the Scheduled Tribes and the Socially and Educationally Backward Classes (the term used in the Constitution to denote OBCs) in educational institutions.

    Though Mr. Singh had asked all State governments early last year to enact State-specific legislation in this regard, till date only six have laws in place and Rajasthan has given effect to such reservation through an executive order.

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