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SC refuses to stay Andhra Pradesh High Court order quashing 4.5 pc minority sub-quota

CNN-IBN
Jun 13, 2012 at 01:24pm IST

New Delhi: The Supreme Court on Wednesday again refused to stay the Andhra Pradesh High Court order quashing 4.5 per cent sub-quota for minorities in Central educational institutions. This is the second setback for the government in the past three days. The case will now come up for hearing in the apex court after the court's vacation.

The apex court has admitted the government's petition and has issued notices and sought a response from petitioners who had challenged the 4.5 per cent sub-quota. The court also questioned the grant of 4.5 per cent reservation to the minorities on religious grounds.

Since the case will come up in the apex court after the vacation, the IIT admissions will not have sub-quota this year.

The Ministry of Human Resources Development had on June 6 moved the apex court challenging the High Court order. The HRD Ministry was against the decision as it felt the High Court judgement will put in quandary the nearly 350 IIT aspirants who had been shortlisted under the provision.

The Centre on Tuesday placed before the Supreme Court the "relevant" material and documents on the basis of which it carved out 4.5 per cent sub-quota for minorities in the central educational institutions such as IITs.

Additional Solicitor General Gourab Banerji mentioned the issue and placed the documents before a bench comprising justices KS Radhakrishnan and J S Khehar, which had on Monday asked the Ministry of Human Resources Development to place the material by Tuesday.

The bench had on Monday 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 without documents to justify the policy of carving out 4.5 per cent sub-quota within the 27 per cent OBC reservation. The Union government had on June 6 moved the apex court challenging the High Court order quashing the 4.5 per cent 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.

(With additional information from PTI)

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