Apex Court upholds 27 pc quota for OBCs
New Delhi (PTI): The Supreme Court upheld the law providing 27 per cent reservation for OBCs in Central educational institutions.
A five-judge Constitution bench of the apex court upholds the Central act in an unanimous verdict.
The act does not violate the basic structure of the Constitution, the supreme court said.
The bench favoured the exclusion of creamy layer among the OBCs from the benefit of quota.
On quota in private un-aided institutions, the four judges left the issue open, while one judge held that it would be violative of the basic structure of the Constitution.
With this judgement, the apex court's interim order of March 29, 2007 staying the implementation of the Central Educational Institutions (Reservation in Admission) Act, 2006 is lifted.
The court said that the 93rd Constitutional Amendment Act, which was the basis of the law providing 27 per cent reservation in aided institutions, is not violative of the basic structure of the Constitution.
All the judges favoured periodic revision on the implementation of the 27 per cent quota for the OBCs
The court held that the delegation of power to the Centre to determine OBCs is valid.
The court said that the parameter applied for identifying the creamy layer among the OBCs for jobs as per the office memorandum of September 8, 1993, will be applicable for identifying the socially and educationally backward classes.
All the five judges rule that the quantum of 27 per cent rerservation for OBCs is not illegal.