SC questions Govt's quota logic
SC questions Govt's quota logic
The apex court directed the Government to place before it the Moily panel report.

New Delhi: The Supreme Court on Monday raised objections against the Government proposal providing for 27 per cent reservation for Other Backward Classes in institutes of higher learning.

The apex court, while questioning the basis of the reservation policy, directed the Government to submit the report of the Parliamentary Standing Committee examining the quota bill.

Replying to the notification, the Government assured the apex court that the quota will not be implemented till a proper law is enacted by Parliament.

The Centre said it will consult the Law

Ministry on the Court direction that a report of Parliamentary Standing Committee examining the issue.

"It (the apex court direction) is not a jolt. We will discuss the matter with the Law Ministry and take necessary

steps," Parliamentary Affairs Minister P R Dasmunsi said.

Dasmunsi said that as Parliamentary Affairs Minister, it

was his duty to see the report was first tabled in Parliament.

Additional Solicitor General Gopal Subramaniam also gave this assurance when a bench consisting of Justice Arijit Pasayat and Justice L S Panta indicated that the apex court would not allow implementation of the quota without the matter being examined by it.

Subramaniam requested the court not to give any such interim direction as the quota bill had already been introduced in Parliament in August and referred to a standing committee.

The bench, which was hearing a petition by C K Thakur challenging the decision to implement the quota, initially passed an order, "We request Parliament not to take any action on the bill till we examine the matter".

Subramaniam, however, said no such order should be passed as the government would not take any action on the implementation of the quota unless a proper law is put in place.

The bench asked Subramaniam, "You (the Veerappa Moily Committee) go on saying that you will implement the quota. On what basis do you say so in the absence of any data?"

Subramaniam said the process of collecting data was taking place and the bill was pending consideration before parliament.

The court then asked Subramaniam to submit in a sealed cover the report of the Parliamentary Standing Committee to be submitted to parliament in the winter session commencing on Nov 27. The bench directed listing of the matter for further hearing on Dec 4.

The Veerappa Moily oversight committee was set up by the central government to implement the additional caste-based quota in central educational institutes.

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