http://www.hindustantimes.com/SC-moved-on-quota-law-in-educational-institutions-for-OBC-s/Article1-600971.aspx
SC moved on quota law in educational institutions for OBC's
Press Trust Of India
New Delhi, September 16, 2010First Published: 19:57 IST(16/9/2010)
Last Updated: 20:02 IST(16/9/2010)
A petition was today moved in the Supreme Court contending that the
Delhi High Court has made a wrong interpretation of the apex court
judgement on the quota law in educational institutions that 10 per
cent difference in cut-off marks in admission for OBC candidates and
general category was bad in law.
The petition filed by P V Indiresan, former Director of IIT, Chennai,
has sought a stay of the September 7 verdict of the High Court which
held that universities are entitled to only fix minimum eligibility
criteria for admission in the reserved category at maximum 10 per cent
below the minimum eligibility criteria fixed for general category.
The academecian has challenged the High Court ruling which said "the
OBC candidates to avail of reservation provided for them under the
Central Educational Institutions (Reservations in Admission) Act,
2006, are not required to, in admission test or in the eligibility
exam, secure marks within the bandwidth of 10 per cent below the
cut-off marks of the last candidate admitted in general (unreserved)
category".
The High Court had pronounced its verdict on a petition challenging
the procedure adopted for admission by Jawaharlal Nehru University
(JNU) and the Centre for providing reservations to the OBCs.
It had declared the procedure followed by them as bad. Senior advocate
Harish Salve and advocate Gopal Sankaranarayanan mentioned the
petition before a Bench comprising Justices R V Raveendran and H L
Gokhale which decided to hear it in routine course.
They pointed out to the Bench that the High Court ruling was in a
"complete departure" from the October 14, 2008, judgment of the
Constitution Bench of the apex court. The apex court had made it
clear that there must be a maximum 10 per cent difference between the
cut-off marks of general category and that of OBC reserved category in
admissions to educational institutions.
The petitioner said a susbtantial question of law arose for
consideration as to how the High Court could have gone behind the
judgement of the Constitution Bench of apex court and given an
opposite finding.
Whether the words "cut off" can ever be interpreted to mean
"qualifiying marks", as has been done by the High Court, the petition
said contending that whether the result of the interpretation by the
High Court would result in lowering the standards of education in
India.
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