New Delhi: The question "whether the concept of creamy layer can apply to educational backwardness needs to be considered on a footing wholly different from its application to reservation for posts and appointments under government.

Since the concept of educational backwardness stands on a completely different footing, Parliament has taken a conscious decision not to introduce this concept whilst determining reservation for Other Backward Classes in matters of education," the Centre told the Supreme Court on Monday.

In its application for vacating the interim stay on implementation of 27 per cent reservation for the OBCs, the Centre said, "Section 5 [of the impugned Central Educational Institutions (Reservation in Admissions) Act, 2006] mandated that every Central institution increase the permitted strength so that the number of seats for the general category would not be less than what was available for the academic session which immediately preceded the date of this Act coming into force.

Special provisions

"Since special provisions have been made by law and having regard to the presumption of constitutionality of the legislation, the provisions relating to the operation of the Act in relation to the OBC category ought not to have been stayed.

"Having regard to the fact that not even a single seat in the existing general category would be disturbed, the balance of convenience and the interest of justice require that a provision made in the larger public interest of giving relief to the socially and educationally Backward Classes ought not to be disturbed at the interim stage."

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