The Central Educational Institution (Reservation and Admission) Act, 2006, which provides for 27 per cent reservation for Other Backward Classes (OBCs) in institutions of higher learning, is in a state of deep freeze. The Union Government’s desperate promises to expand the educational infrastructure in these institutions, to increase the number of seats so that the number of open quota seats will remain the same, and to address the issue of creamy layer, has failed to convince the Supreme Court. After a court battle of five long months, a Supreme Court Bench has finally refused to vacate the stay on the Act imposed in March 2007.
The Supreme Court’s objection to the Act is quite straightforward and seemingly reasonable. It posed to the Union Government, what is the basis on which the figure 27 per cent had been arrived at. The Union Government failed to come up with any credible answer and the Supreme Court, as one would expect, stuck to its position. In other words, Supreme Court wants no legislation to be arbitrary but be based on defendable rational basis.
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