*SC upholds 27% OBC quota in higher education*

http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=2f0f6594-a244-4e73-8716-282a7a29bad8&&Headline=Supreme+Court+upholds+27%25+quota+to+OBCs

*Press Trust Of India*
  New Delhi, April 10, 2008
 First Published: 11:01 IST(10/4/2008)
Last Updated: 13:23 IST(10/4/2008)

In a major boost to reservation, the Supreme Court on Thursday upheld the
Constitution amendment law providing for 27 per cent quota for OBCs in IITs,
IIMs and other Central educational institutions but excluded the creamy
layer from the benefit.

A five-judge Constitution bench by a unanimous verdict cleared the Central
Educational Institutions (Reservation in Admission) Act, 2006 providing for
the quota.

The bench headed by Chief Justice KG Balakrishnan excluded the creamy layer
among the OBCs from the quota benefit.

The court held that the Act does not violate the basic structure of the
Constitution. The verdict came on a bunch of petitions by anti-quota
activists challenging the Act. They vehemently opposed government's move
saying caste cannot be the starting point for identifying backward classes.

The inclusion of creamy layer in the reservation policy was also questioned
by the anti-quota petitioners. With this judgement, the interim order of
March 29, 2007 staying the implementation of the Act has been lifted.

In effect, the reservation policy can be put in place for the 2008-09
academic session.

The Court held that the Constitution (93rd Amendment) Act, under which the
Government came out with the law providing 27 per cent quota in
Centrally-aided institutions, was not violative of the basic structure of
the Constitution.

All the judges favoured periodic revision on the implementation of the 27
per cent quota. The court ruled that the delegation of power to the Centre
to determine OBCs was valid.

The parameter applied for identifying the creamy layer among the OBCs for
jobs as per the office memorandum of September 8, 1993, will be applicable,
the court said.

It also held as valid the exclusion of minority institutions from the ambit
of quota under the Act. Besides the Chief Justice, the Bench comprised
Justices Arijit Pasayat, CK Thakker, RV Raveendran and Dalveer Bhandari.
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