Fill vacant OBC quota seats with general category candidates : SC

The Supreme Court today declared that the seats re-served
for ‘other backward classes’ (OBC) in Central educational institutions that
remain unfilled can’t be carried over to the next year and would have to be
filled in the same year from the general category.

The Court also ruled that the relaxation of marks for the OBC
category should not be more than 10% of those fixed for the general category.

These orders will come into effect this year itself.

The Constitution Bench headed by Chief Justice K. G.
Balakrishnan passed the orders while hearing an application seeking
clarifications in a recent judgment on the OBC quota in Central educational
institutions, especially the ones like the IITs and IIMs. In that judgment, a
few Judges had made certain observations on the limit for relaxation of rules
for the OBC candidates. Today’s order puts to rest doubts over the issue in
Government circles, educational institutions’ managements and students.

Moving the application, senior counsel K. K. Venugopal raised
another controversial issue, namely, the economic criterion for identifying the
OBC community. He referred to a reported decision of the Union Cabinet to make
every family with income up to Rs.4.5 lakh eligible for the reservation.

The counsel said that this was contempt of Court as it was
intended to circumvent the ‘creamy layer’ rule. He recalled the declaration of
the Kerala Government some time ago that there was no ‘creamy layer’ to be kept
out of the benefit in that State. The Supreme Court had struck down the
Notification.

The Judges told the counsel that this was a separate issue
and if a petition was moved regarding this, they would consider it. Venugopal
said he would move a petition challenging the Cabinet decision.

(Source : Business Standard, dated 15-10-2008)