SC refuses stay on order quashing Muslim sub-quota

Apex court upset with Centre for not placing documents in support of 4.5% sub-quota before Andhra HC

The Supreme Court today expressed its displeasure and pulled up the government for its casual handling of the "complex" and "sensitive" issue of 4.5% sub-quota for minorities within the 27% reservation for OBCs in central educational institutions like IITs.

Refusing to stay the Andhra Pradesh High Court order, which had quashed the the central government notification for 4.5% sub-quota for minorities, a bench of justices K S Radhakrishnan and J S Khehar said it was "unhappy" that the Centre filed an appeal without any supporting documents.

Without issuing any notice, the bench asked Attorney General G E Vahanvati to submit it the supporting documents for carving out 4.5% sub quota from the existing 27% reservation for Other Backward Classes (OBCs).

The bench posted the matter for hearing on Wednesday saying "we must have some documents before us".

Attorney General Vahanvati submitted that some protection should be granted as the counselling for IITs was on and 325 candidates have qualified for it under the 4.5% sub quota and their career and future could be jeopardised if they are not allowed to appear for the counselling.

The bench, however, said before it passed any order, the Centre will have to place before it some documents.

During the brief hearing, the bench wanted to know from the law officer as to what was the basis and how did the government determine 4.5% sub-quota for minorities and carved it out of the 27% quota for OBCs.

When the Attorney General sought to point out errors in the high court order, the bench said it was natural for the high court to ask questions on which the Centre was complaining.