NEW DELHI (NNN-PTI):Questioning the government on giving 4.5% sub-quota for minorities on the basis of religion, the Supreme Court on Wednesday refused to stay the Andhra Pradesh high court order quashing the decision.
"We are not inclined to grant stay," a bench comprising justices KS Radhakrishnan and JS
Khehar said while issuing notices to the petitioner on whose PIL the high court had quashed the 4.5% sub-quota for minorities carved out of the 27% OBC quota in central educational institutions like the IIT.
The bench, before which the ministry of human resource development placed the relevant and supporting documents forming the basis for the sub-quota, asked "can you make classification on the basis of religion".
It further said that the December 22, 2011 Office Memorandum on the issue of sub-quota did not have the legislative support.
The bench, which also questioned the calculation of providing 4.5% sub-quota within the 27% OBC quota, wanted to know from the government as to "whether there was any constitutional and statutory support for granting 4.5% sub-quota.
"We are asking whether 4.5% sub-quota has got constitutional or statutory support or not," the bench said.
It said "the second question is whether the office memorandum has constitutional and statutory support or not".
Additional Solicitor General Gourab Banerji made all efforts that the apex court considers his plea for staying the high court order in view of the on going counselling for IITs for which 325 candidates have been short listed under the 4.5% sub-quota for minorities.
However, the bench said it was not inclined to stay the high court order and noted that there was ambiguity in the calculation for carving out sub-quota within the 27% OBC quota.
The apex court had on June 11 asked the ministry of human resources development to place the material before it.
The bench had ticked off the government for the way it had handled the "complex" and "sensitive" issue.
The apex court had also expressed its "unhappiness" that the Centre was blaming the high court when it had itself failed to produce documents to support its case.
The bench was critical of the ministry of human resource development rushing to the apex court with the appeal against the May 28 order of the High Court with out documents to justify the policy of carving out 4.5% sub-quota within the 27% OBC reservation.
The Union government had moved the apex court challenging the high court order quashing the 4.5% sub quota for minorities.
The December 22, 2011 Office Memorandum for the sub-quota for socially and educationally backward classes of citizens belonging to minority communities in central educational institutions and jobs was announced by the Centre ahead of the Assembly elections in five states including Uttar Pradesh and Punjab.--NNN-PTI
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