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Front Page
J. Venkatesan
NEW DELHI: The Supreme Court on Wednesday declined to vacate or modify its March 29 interim order restraining the Union Government from implementing the order for 27 per cent reservation for the Other Backward Classes (OBC) in higher educational institutions for the academic year 2007-2008. A five-judge Constitution Bench, comprising Chief Justice K.G. Balakrishnan, Mr. Justices Arijit Pasayat, C.K. Thakker, R.V. Raveendran and Dalveer Bhandari told Solicitor-General G.E. Vahanvati, appearing for the Centre that “we don’t want to pass any interim order since already an interim order had been passed [on March 29].” On Tuesday, the Bench heard elaborate arguments on the Centre’s application seeking a direction to vacate/modify the March 29 interim order. While the Centre pleaded for vacating the interim order in the interest of OBC students, the petitioners opposed the Centre’s plea. Counsel for the petitioners had brought to the notice of the court that it was not possible to increase the number of seats in medical or engineering colleges without the approval of the Medical Council of India/All-India Council for Technical Education. Since the mandate of the law was to increase the number of seats in all the higher educational institutions, it would not be possible to increase the seats this year to enable the implementation of the quota law. However, at the end of the hearing, the Bench had asked the Centre to furnish a list of higher educational institutions for which the “appropriate authority” concerned had approved an increase in seats. When the matter was taken up on Wednesday, even before the Solicitor-General could furnish the list to the court, the Bench said that “as regards medical and engineering colleges it is not possible to allow increase of seats [since no approval had been sought]. If at all we can allow, it can be done wherever seats are increased. But this is a legislation intended to benefit all the institutions and it is not possible to pass an order to benefit a set of institutions. An interim order is there. We will proceed with the hearing of the main matter.” The SG agreed and the hearing began on petitions challenging the provisions of the Central Educational Institutions (Reservation in Admission) Act, 2006.
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