Supreme Court again snubs Centre's plea on sub quota

For the second time this week, the Supreme Court refused to stay the Andhra Pradesh high court's order scrapping the 4.5% sub quota for minorities within the 27% reservation for Other Backward Classes (OBCs).

A bench of K S Radhakrishnan and J S Khehar Wednesday said the government's decision to grant 4.5% sub quota did not have any constitutional or legislative support.

The court questioned on how the government arrived at the 4.5% figure. It criticised the government for not consulting statutory bodies like the National Commission of Minorities (NCM) and National Commission for Backward Classes (NCBC) in determining the sub quota.

While clarifying to the court that only religious minorities from socially and educationally backward classes can avail the benefits, Additional Solicitor General Gourab Banerji said the quota did not include minorities like Buddhism and Zoroastrianism but is granted to lowest ranks of Muslims or converts to Christianity.

Earlier this week the bench had expressed unhappiness over the manner in which the sub quota was created within the OBC reservation last December and asked the government to submit documents to substantiate its decision.

The following day, the Centre handed over some 800-page dossier, including the recommendations of the Mandal Commission, Sachar Committee and Ranganath Misra Commission.

The Misra Commission report which was submitted in the year 2007 recommends 15 per cent reservation to minorities in education, central and state government jobs and social welfare schemes in the OBC quota.

The SC's decision meanwhile is reported to affect 325 students who have qualified for the Indian Institute of Technology (IIT) under the 4.5% sub quota.