SC upholds OBC quota, keeps creamy layer out

SC JUDGEMENT IMPACT: Following the judgement, 49.5 per cent of the seats will be reserved.

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This was the second time in two months that the apex court refused to vacate quota stay. The reasons that the court gave for not vacating the quota stay were:

• The Government could not explain the reason for pegging the OBC quota at 27 per cent
• The resistance of the Government to exclude creamy layer form quota benefits.

In a last ditch effor to freeze on the OBC quota, the Government had even said it was willing to keep the 'creamy layer' out of the purview of the act. However, the SC chose not to vacate the stay and therefore quota was not implemented in the last academic year.

November 2007

In November 2007, 15 years after the implementation of the Mandal Commission, an exercise was initiated in the Government to find out if those who had already benefited from OBC reservations should be excluded from benefits of regular reservations.

Queries by the apex court had triggered off another exercise by the Centre aimed to conduct a review of OBC quotas by the Ministry of Social Justice, which would then exclude those castes that had already benefited from reservations.

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