The Hindu : National : Directive on OBC quota

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Monday, Apr 21, 2008
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National

Directive on OBC quota

Anita Joshua

NEW DELHI: The Human Resource Development (HRD) Ministry on Sunday asked all central educational institutions (CEIs) to extend reservation to the Other Backward Classes (OBCs) – except those falling within the “creamy layer” – from the coming academic session as per the Supreme Court order early this month.

The directive comes two days after the Cabinet Committee on Political Affairs decided to implement the court order in the CEI (Reservation in Admission) Act, 2006, despite some Ministers’ demands for a review petition on exclusion of the creamy layer.

On the demand for a review of the income criteria specified among the parameters to define the creamy layer, the Ministry for Social Justice & Empowerment (MSJE) has asked the National Commission for Backward Classes (NCBC) to examine the feasibility of revisiting its decision taken in 2004 in this regard.

In determining who is an OBC, the HRD Ministry has asked the CEIs to adopt the central List of OBCs prepared by the MSJE in consultation with the NCBC for reservation in jobs. Similarly, an Office Memorandum – issued by the Union Ministry of Personnel, Public Grievances and Pension on September 8, 1993, and amended on March 9, 2004 – will provide the yardstick for defining the creamy layer for now.

The directive sets at rest the confusion on whether the court order confined the OBC reservation to graduate programmes. As per the directive – issued as an Office Memorandum – it will be applicable to all programmes of study except at high levels of specialisation.

Every institution can plan its own roll-out schedule – provided 27 per cent reservation for the OBCs is in place within three years and there is no reduction in the share of seats available to the general category. Each institution has been given the freedom to fix the eligibility criteria for OBC reservation. While institutions can fix the criteria in keeping with their standards, the cut-off should be such that sufficient number of eligible OBC candidates are available as per “the directions/observations of the Court in this regard.”

Institutions such as the IIMs have been asked to offer admission to eligible OBCs from the successful waitlisted candidates.

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