New Delhi: The Supreme Court on Monday refused to stay Andhra Pradesh High Court's order quashing 4.5 per cent sub-quota for minorities within 27 per cent OBC quota in educational institutions.
The apex court will hear the matter on Wednesday. The court asked the Centre to place supporting documents for providing 4.5 per cent quota to the minorities.
The court also expressed 'unhappiness' over Centre not placing any documents before the high court to support the policy of quota for minorities.
"Today you are carving out 4.5 per cent from 27 per cent. Tomorrow you will carve another 4.5 per cent without any study, any report. What excercise have you done to reach this figure," the Supreme Court told the Centre.
Refusing to stay the Andhra Pradesh High Court order, which had quashed the central government notification for 4.5 percent sub-quota for minorities, a bench of justices KS Radhakrishnan and JS Khehar said it was "unhappy" that the Centre filed an appeal without any supporting documents.
Without issuing any notice, the bench asked Attorney General GE Vahanvati to submit it the supporting documents for carving out 4.5 per cent sub quota from the existing 27 per cent reservation for Other Backward Classes (OBCs).
The bench posted the matter for hearing on Wednesday saying "we must have some documents before us".
Attorney General Vahanvati submitted that some protection should be granted as the counselling for IITs was on and 325 candidates have qualified for it under the 4.5 per cent sub quota and their career and future could be jeopardised if they are not allowed to appear for the counselling.
The bench, however, said before it passed any order, the Centre will have to place before it some documents.
During the brief hearing, the bench wanted to know from the law officer as to what was the basis and how did the government determine 4.5 percent sub-quota for minorities and carved it out of the 27 percent quota for OBCs.
When the Attorney General sought to point out errors in the high court order, the bench said it was natural for the high court to ask questions on which the Centre was complaining.
"Without placing documents how can you find fault with the high court (order)," the bench said.
(With additional inputs from PTI)