A five member bench og Supreme Court shown green flag to 27% reservation in central education institutes for OBCs

India’s Supreme Court, on April 10, 2008, upheld the Constitution amendment law providing for 27% quota for other backward classes (OBCs) in the Indian Institutes of Technology (IITs), Indian Institutes of Management (IIMs) and other central educational institutions, but excluded the ‘creamy layer’ from the benefit.

Main points of the judgment:

The court held that:

• The Constitution (93rd Amendment) Act, under which the government came out with the law providing 27% quota in centrally-aided institutions, was not violative of the basic structure of the Constitution.
• There would be periodic revision of implementation of the 27% quota.
• Delegation of power to the Centre to determine OBCs was valid.
• The parameter applied for identifying the ‘creamy layer’ of OBCs for jobs, according to the office memorandum of September 8, 1993, would be applicable.
• Minority institutions would be excluded from the quota, under the Act.
• The quota does not apply to post-graduate courses.

Source: www.rediff.com, April 2008