The Delhi HC to hear a petition challenging the provision of 27% reservations to the persons belonging to OBC category in post-graduation courses in Central educational institutions, specifically in JNU on 11 May.
Advocate Nishant Khatri, through Advocate Dr. Subhash Vijayran has filed the plea, challenging an Office Memorandum dated April 20, 2008, issued by the MHRD.
The plea stated that the law with regards to reservation for the OBC category was settled by the Supreme Court in Ashok Kumar Thakur v. Union of India, (2008) 6 SCC 1, whereby it was held that there shall be no reservation for OBCs in post-graduate courses.
The Supreme Court had upheld the validity of reservations in respect of persons belonging to the OBC category for admissions under the Central Educational Institutions (Reservation in Admissions) Act, 2006 but with two express caveats:
- First, that the persons from creamy layer of OBCs would be excluded from reservations (unanimous decision).
- Second, that OBCs would not be eligible for reservations in Post-Graduate Courses (decision by 3:2 majority).
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In this backdrop the Petitioner has contended that the impugned OM is “contemptuous” inasmuch as it is in conformity with the first caveat but not with the second one.
The Petitioner has also contended that the OM is violative of Article 15(5) of the Constitution. He has submitted that the “special provisions” permitted under Article 15(5) are inter alia for Socially and Educationally Backwards Classes (SEBCs).
“The conjunction used between the words “Socially” & “Educationally” is “AND”. This means the classes of citizens have to be both socially as well as educationally backward to be eligible for reservations under SEBC quota. If a class is either socially or educationally backward but not both socially AND educationally backward, it is not eligible for reservations under Article-15(5) under SEBC quota,” he has submitted.
The Petitioner has submitted that he belongs to the Unreserved Category and intends to pursue his Post Graduation from JNU, which issued an e-prospectus last month as per the impugned OM thus, adversely affecting him.
He has further submitted that the cause of action in the present case is recurring and continuing year after year till date, with all Central Educational Institutions implementing the contemptuous OM of MHRD.
Accordingly, quashing of both the OM as well as the e-prospectus has been prayed for.
Read the petition here:
