confusion remains over whether quotas would apply to postgraduate courses
http://economictimes.indiatimes.com/articleshow/2942622.cms
NEW DELHI: The Supreme Court (SC) on Thursday upheld the 27% quota for Other Backward Castes (OBCs) in centrally-funded educational institutions, but ruled that the scheme can be rolled out only after excluding the creamy layer.
However, confusion remains over whether quotas would apply to postgraduate courses, such as those at IIMs. The anti-quota side interpreted the judgement as a “no” from the court for the OBC quota in institutions such as IIMs and other post-graduate courses.
Late in the evening, government leaders told the media that they would seek clarifications from the court on the matter. The five-member bench of the SC delivered four judgements on a number of petitions challenging OBC quotas. One judgement, by Justice Dalveer Bhandari, says, “Once a candidate graduates from a university, the said candidate is educationally forward and is ineligible for special benefits ... for post-graduate and any further studies thereafter.”
This view, however, is not endorsed by Chief Justice KG Balakrishnan in his judgement. The third judgement by Justices Pasayat and Thakker says graduation should be used as a criterion to judge the bakwardness or otherwise of a community.
The court, which brought in the educational criterion, along with social and economic backwardness for determining creamy layer, dealt a blow to the well-off and educationally forward among the OBCs. The government, however, maintained that the OBC quota will be implemented from this year and a notification in this regard will be issued soon.
Already, the CAT results for IIMs are being held back for accommodating OBC candidates. As the implementation would be staggered for existing institutions, IIMs and IITs are prepared for the intake. The Budget, incidentally, had allocated Rs 2,500 crore for capacity building.
The government said funds will not come in the way of the quota rollout. The judgement by the five-member bench headed by Chief Justice KG Balakrishnan is expected to go a long way in empowering the most backward castes (MBCs). The politically-powerful OBCs may be unhappy with the judgement, as it bodes well for the MBCs.
The court has asked the government to review the OBC list every five years, besides keeping the creamy layer out. This would mean castes, which have benefited from quotas, would be out of the reservation list eventually.
The development will disappoint dominant backward castes like Yadavs, Kurmis, Lodhs, Mauryas, Ezhavas, Vanniyars, Goundars, Idigas and Kurubas. It is likely to see increased competition between the OBCs and the MBCs.
In recent years, the MBCs have begun grouping as a major political force, aiding anti-OBC political parties. The OBC-dominated parties in the ruling alliance, which have already appropriated the quota bill’s authorship, may pressure the government to take steps to circumvent the creamy layer ruling.
As far the court’s order, it found nothing amiss in the 93rd amendment. “We hold that the 93rd amendment to the Constitution does not violate the basic structure of the Constitution so far, as it relates to aided educational institutions,” it ruled.
The court, however, deferred a decision on reservation for SCs, STs or Socially and Economically Backward Classes in private unaided educational institutions on the basis of the amendment.
The judgement, which has addressed the issue of merit, said there should only be a 5% difference (10%, according to another judgement) between the cut-off marks for the OBCs and general category candidates.
“The government shall examine as to the desirability of fixing cut-off marks in respect of the candidates belonging to the OBCs. By way of illustration, it can be indicated that five-mark grace can be extended to such candidates below the minimum eligibility marks fixed for general categories of students.
This would ensure quality and merit would not suffer. If any seats remain vacant after adopting such norms they shall be filled up by candidates from general categories,” said Justice Pasayat and Thakker in their combined verdict.
The judgement may have hit the OBC faces in politics and bureaucracy, but land-owning classes could find a way to wriggle out of the situation. As agricultural income is tax-free and many continue to elude land ceiling, some in the creamy layer could continue to enjoy the quota benefits.