The Hindu : New Delhi News : Supreme Court extends interim order on quota

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Wednesday, May 14, 2008
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New Delhi

Supreme Court extends interim order on quota

J. Venkatesan

Order directs State to create extra seats in medicine, engineering, other courses
This is to accommodate meritorious students in ‘open category’ hit by reservation

NEW DELHI: The Supreme Court on Tuesday extended to academic year 2008-2009, its 1994 order directing the Tamil Nadu government to create extra seats in medicine, engineering and other courses to accommodate meritorious students in the ‘open category,’ who would be affected by the 69 per cent reservation policy.

This is the 15th year in succession since academic year 1994-95 that the court has been passing the interim order. The extra seats will be in excess of the 69 per cent reservation being implemented by the State government.

Equal number of seats

As per the 1994 order, the number of seats so created will be equal to the number of seats the ‘open category’ candidates will get if the rule of 50 per cent total reservation, as per the Mandal judgment, is applied, instead of the 69 per cent reservation being adopted in the State.

A Bench of Justice Arijit Pasayat and Justice P. Sathasivam gave the direction on an application from senior advocate K.M. Vijayan, Trustee, Voice (Consumer Care) Council, seeking relief for academic year 2008-2009 as granted in earlier years.

The Bench, after hearing counsel K.V. Mohan for the petitioner and V.G. Pragasam, counsel for Tamil Nadu, in its order said: “Without prejudice to the rights and contentions of the parties, the same order as was made and directions given for academic year 2007-2008 shall be applicable to current year 2008-2009.”

In its application, Voice submitted that the petitions challenging the Tamil Nadu Backward classes, SCs and STs (Reservation of seats in educational institutions and of appointment or posts in the services under the State) Act, ensuring 69 per cent reservation, was pending.

Till the matter was disposed of, open category students should be protected.

“No prejudice”

It said unless the court passed an interim order for this academic year too, authorities would not create additional seats for ‘open category’ students, thereby causing great injustice to them.

No prejudice would be caused to the authorities if the order passed in the previous academic years was continued for this year too.

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