Quota Act won’t affect general category: Centre tells SC

Assuring the Supreme Court that the Central Educational Institutions (Reservations Admission) Act 2006 will not have a serious impact on the non-reserved category

Assuring the Supreme Court that the Central Educational Institutions (Reservations Admission) Act 2006 will not have a serious impact on the non-reserved category, the government on Tuesday said that the number of unreserved seats would not be reduced under the legislation when it comes into force. The Act will provide reservation for Socially and Educationally Backward Classes or Other Backward Classes (SEdBC/OBC).

The Centre maintained “as the seats for OBCs being provided in Central institutions additional and not by way of reduction in the available non-reserved seats”. It also said that there has never been reservation for SEdBC/OBC categories for admission to Central educational institutions. “This state of affairs requires to be remedied,” read the detailed affidavit, which was filed in response to a petition filed by Youth For Equality challenging the Act.

Cabinet Secretary on behalf of the government, Sunil Kumar, submitted: “The balance of convenience is in allowing the process of implementation of the Central Educational Institutions (Reservation in Admission) Act, 2006 to proceed without interruption, and irreparable and irreversible loss will be caused to SEdBC/OBC and also to the SC and ST in case operation of the Act is stayed.”

“No prejudice will be caused to the applicants or to the unreserved category by the denial of stay, while irreparable and irreversible loss will be caused to the SC, ST and the SEdBC/OBC if the process is delayed,” the Centre told the apex court, also referring to the delay which was deplored in the earlier Indra Sawhney judgement. It was also pointed out that admission process has become too long and many institutions have already started inviting applications and any interruption now may cause loss of another year.