Around 325 aspirants to the Indian Institutes of Technology (IITs) through the 4.5 per cent religious minorities sub-quota will not be admitted this year, after the Supreme Court on Wednesday rejected the government’s plea on their behalf.
The apex court, however, admitted the appeal of the central government against the order of the Andhra Pradesh High Court, striking down the 4.5 per cent quota for religious minorities. It also issued notice to those who moved public interest petitions in the High Court against the sub-quota policy of the government.
The vacation bench of judges K S Radhakrishnan and J S Khehar grilled Additional Solicitor General Gaurab Banerji on the constitutional validity of the government memorandum arriving at the 4.5 per cent sub-quota within the 27 per cent reservation for socially and educationally backward communities.
The Constitution bars discrimination on religious grounds, though special provisions can be made for the benefit of backward communities. The judges observed that carving out a sub-quota on the basis of religions needed deeper consideration. The case will therefore come before a bench after the Court’s summer vacation.
Counsel said it is legal to give special benefit to those who are more backward than others in the OBC list. This has been done in at least three states, namely, Kerala, Tamil Nadu and Andhra Pradesh. Kerala has a special quota for Muslims alone, Banerji said.
The sub-quota does not seriously affect the claim of the rest of the communities in the OBC list, he added.
The judges had criticised the government on Monday for not producing the material based on which the sub-quota was calculated.
Counsel on Wednesday produced volumes of data, purportedly justifying the policy, like the Sachar Committee report on Muslims and the Misra Committee reports on minorities.
