New Delhi: The Supreme Court has put the Union Government on notice over the 27.5 per cent reservation for OBCs the Central educational institutions in the country.
Admitting a petition challenging the government order providing reservation for OBCs, the Apex Court has granted three weeks' time to the Union government to respond to the same.
Appearing for the petitioner, senior counsel Harish Salve told a Bench comprising Justice Arijit Pasayat and Justice S H Kapadia that though the bill has been passed by both Houses of Parliament, the official notification was awaited and whenever the notification providing for reservation is issued, it would be challenged.
The government has already announced that it is going to implement the policy of reservation providing for 27.5 per cent reservation to the OBCs from the academic year 2007-2008.
While the Apex Court has already issued notices on a petition challenging the order of Union HRD Minister Arjun Singh and the
government, in its counter, has justified caste-based reservation, the government is yet to place the Moily Committee report before this court as directed earlier.
After the Supreme Court judgement on the Ninth Schedule, the government is not in a position to avoid judicial scrutiny of the quota order, which is being converted into a law. The Nine-Judge Bench of this court has already made it clear that even if a law is placed in the Ninth Schedule of the Constitution, it can still be examined by the court if it violates the doctrine of basic structure of the Constitution that includes part three of the Constitution also which contains Fundamental Rights.
(With PTI inputs)
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