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SC refuses to stay Andhra HC order quashing 4.5% sub-quota for minorities

Author: Dhananjay Mahapatra & TNN
Publication: The Times of India
Date: June 11, 2012
URL: http://articles.timesofindia.indiatimes.com/2012-06-11/india/32173692_1_minority-sub-quota-interim-order-apex-court

The Supreme Court (SC) on Monday said it cannot entertain Centre's plea for stay of Andhra Pradesh high court's order quashing 4.5% minority sub-quota for admissions and jobs within 27% Other Backward Classes (OBC) reservation unless the government produces material to show a detailed exercise was undertaken to carve out the sub-quota. The court asked the Centre to produce the documents by Tuesday and put the matter for hearing on Wednesday.

The apex court repeatedly asked the government as to why no material for carving out the minority sub-quota was produced before the high court (HC). It said the 27% OBC reservation had been going on for more than a decade and that the Centre should have referred the issue to National Commission for Backward Classes and National Commission for Minorities before taking a decision for 4.5% sub-quota.

 The SC said the Centre was blaming the HC for not appreciating the facts when it produced no material before it.

Attorney General G E Vahanvati agreed that the government did not argue the matter properly before the HC but sought stay of the order to allow IITs (Indian Institute of Technology), conducting counselling at present, to take students under the 4.5% minority sub-quota which could be subject to final outcome of the appeal. But, the court refused to stay the HC order saying without looking at the material it would not pass any interim order.
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