New Delhi : The Supreme Court on Monday refused to vacate the interim stay on 27 per cent reservation for Other Backward Classes (OBCs) in elite educational institutions.

In a setback to the Centre's efforts to implement the quota this year, a Bench consisting of Justices Arijit Pasayat and L.S. Panta, in a brief order, said: "Having heard counsel for the parties, we find no reason to vary our March 29 order."

The Bench told Solicitor-General G.E. Vahanvati: "You [the Centre] have waited for 57 years. Why don't you wait for six more months till the case is finally decided?"

When he pointed out that the 27 per cent quota for OBCs was upheld in the Indra Sawhney (Mandal) case, the Bench said: "You want to give partial effect to the Mandal case judgment, by implementing 27 per cent quota for OBCs but not giving effect to the exclusion of the creamy layer. You want to play the game and frame the rules later. What we are saying is frame the rules and play the game."

To a question from the Bench whether the Centre's application was not for a review, Mr. Vahanvati said: "Since it is only an interim order, we are asking for vacating the stay. We are not asking for a review, as it is not a final order. The principle of review is not applicable to an interim order."

The Bench held that what it said on March 29 was a final order until "we decide on the validity of the law. It means as far as this year is concerned, it will be a final order and the OBCs should be kept out. What you are saying is recall the order."

Mr. Vahanvati asserted that Parliament had given the Government the mandate to implement the quota for educationally and economically backward classes by inserting Article 15 (5) in the Constitution. Pursuant to this mandate, the Central Educational Institutions (Reservation in Admissions) Act, 2006, was enacted. The implementation of the OBC quota would in no way affect the prospects of the general candidates as the seats would be increased to that extent. "There will be no reduction in the number of seats available in the general category in each CEI during the immediately preceding academic session (2006). The policy of reservation will be implemented simultaneously with and limited to the expansion in the capacity of the CEIs. Students belonging to the OBCs [and the proportionate increase in the number of seats for the SC/ST] shall be admitted only against the increased seats, so that there is no adverse effect on the number of seats in the general category," Mr. Vahanvati said.

"Misconceived"

The Bench said: "This is totally misconceived. We have already rejected this argument. Assuming there are 100 seats meant for the general category, what you [the Centre] say is 27 seats will be increased and they will go to the OBCs. Had there been no reservation, the general category will also be entitled to a share from the 27 seats."

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