Eligibility for OBCs at most 10% less than gen category: SC
PRESS TRUST OF INDIA
New Delhi, Aug 18: The Supreme Court today held that eligibility percentage for admission of the OBC candidates under 27 per cent quota in Central universities would be at most 10 per cent less than that of general category students.
A bench headed by Justice R V Raveendran said that the eligibility criteria for OBC category students would not be decided on the basis of last cut-off for general category students.
The verdict put at rest the confusion prevailing over the implementation of the April 10, 2008 judgement on the issue as different central educational institutions were adopting varying yardsticks for giving admission to the OBC candidates.
The bench, however, clarified that there would be no disturbances in the admissions which have already been done by the universities for this academic session but extended the admission date till August 31 for filling vacant seats according to the rules laid down by it.
"Where minimum eligibility marks in the qualifying examinations are prescribed for admission, say as 50 per cent for general category candidates, the minimum eligibility marks for OBCs should not be less than 45% (that is 50 less 10 per cent of 50).
"The minimum eligibility marks for OBCs can be fixed at any number between 45 and 50, at the discretion of the institution. Or, where the candidates are required to take an entrance examination and if the qualifying marks in the entrance examination is fixed as 40 per cent for general category candidates, the qualifying marks for OBC candidates should not be less than 36 per cent," the bench said.
The court's clarification came a petition filed by P V Indersan, a former professor of IIT Madras, seeking its direction in the light of discrepancies in implementation of OBC quota in different educational institutions. Indersan had approached the apex court challenging a Delhi High Court judgement which had said the cut-off marks for OBC candidates should be 10 per cent less than the minimum eligible marks for general category candidates.
He pointed out that there are discrepancies in implementing OBC quota in central universities. He had submitted that Delhi University is following a different yardstick by which the gap in cut-off for OBC students and general category students should not be more than 10 per cent where as in JNU, the practice of 10 per cent relaxation in minimum eligibility criteria is being followed.
The apex court, after hearing all the sides, upheld the Delhi High Court order.
It, however, refused to get into the issue whether the OBC candidates making it to the merit list should also be considered within the reserved category to fulfil 27 per cent quota saying that it was not the subject matter of the present case.
"The submissions in regard to the question whether OBC candidates who are selected on the basis of their own merit without the benefit of reservation, should be counted towards 27 per cent reservation, was not the subject matter of the writ petition from which this appeal arises.
"Further, this issue was not directly raised, but was referred only in an indirect manner in the pleadings before this Court and Union of India had no occasion to deal with this larger issue.
"We, therefore, do not propose to decide the alternative contention which has wide ramifications except to note that the appellant has raised an important issue which merits serious consideration in an appropriate case," the bench said.
Lastupdate on : Thu, 18 Aug 2011 21:30:00 Makkah time
Lastupdate on : Thu, 18 Aug 2011 18:30:00 GMT
Lastupdate on : Fri, 19 Aug 2011 00:00:00 IST
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