Students protest against OBC Quota in Supreme court lawns

A group of about 350 students from premier medical and other colleges held a protest on the lawns of the Supreme Court Friday against the 27 percent quota for other backward classes students in higher educational institutions. Around 10 students were injured in a clash with the police.

The police said more than 90 students were detained and let off an hour later.

The students were from the All India Institute of Medical Sciences (AIIMS), Jawaharlal Nehru University (JNU), Delhi University, Indian Institute of Technology-Delhi and some medical colleges.

The protesters entered the apex court premises in small groups and gathered in the lawns around 11 a.m. They chanted anti-government slogans and accused the government of trying to circumvent the court ruling by planning to extend quota benefits to post-graduate courses.

"We just want the court ruling to be implemented in the right way," said Kaushal Kant Mishra, a doctor at AIIMS.

The students who were injured in a lash with the police were admitted to the Ram Manohar Lohia Hospital. Some of them were discharged after first-aid.

On April 10, SC upheld the law for implementing 27 percent quota for OBCs in centrally-run educational institutions of higher learning.

SC stays Muslim quota in Andhra Pradesh

New Delhi, Sep 28 (IANS) The Supreme Court Friday stayed further admissions in educational institutions in Andhra Pradesh against a newly-enacted state law granting four percent quota to Muslims students.

A bench, headed by Chief Justice K.G. Balakrishnan, stayed further admission in the state's professional colleges, while granting immunity to those Muslim students already admitted against the quota.

The stay comes two days before the last date, Sep 30, for admission into professional colleges in the state. The bench has adjourned the mater for further hearing to next Friday to examine the legality of having quota on the basis of religion.

The bench, which also included, Justices R.V. Raveendran and V.S. Sripurkar, stayed the admission while questioning not only the legality of religion-based quota but also on the government's methodology in determining backward classes among Muslim.

Senior counsel Harish Salve, appearing for the petitioner Murlidhar Rao, pointed out to the court that the Andhra Pradesh commission for backward classes was asked to determine who among the Muslims were backward rather than determine who were backward classes, irrespective of religion.

Salve also pointed out to the court that the commission left out 10 sects like Pathan, Irani, Sayed and Moughals and ruled that all other Muslims were backward.

Salve said that the sects among the Muslim community that were excluded from the backward classes list existed in the state in miniscule percentage. This left the bench wondering if the state commission had done its job properly.

Questioning the legality of the law, the bench observed that instead of giving an exclusive four percent reservation to Muslims, why can't the government include certain sects in the general backward community list and provide them general reservation as is being done in other states.

The apex court was hearing a petition by T. Murlidhar Rao, who had approached the court against the Andhra Pradesh High Court interim order that had refused to suspend the law earlier and permitted the admission process to go on, subject to its final judgement.

Rao contended that the high court judgement, which allowed temporary admission to Muslim students on the ordinance based on religion, would deprive the general category students of four percent of the seats in professional colleges.

Andhra Pradesh had promulgated the ordinance for four percent reservation to Muslim students on July 6, 2007, providing reservation to several sub sects within the Muslim community by treating them as Backward Classes.

Rao's petition contended that the government issued the ordinance even though a five-judge bench of the high court had earlier declared illegal a similar law by the state government, giving five percent reservation to Muslims.

He contended that the state government proclaimed the ordinance in July though the Supreme Court had earlier refused to stay the state high court's verdict, which declared as illegal five percent exclusive reservation for Muslims.

Child cannot be compelled to disclose caste: SC

New Delhi, Sep 17 (IANS) The Supreme Court Monday observed that no school in the country can compel a child to disclose his caste at the time of admission.

A bench headed by Chief Justice K.G. Balakrishnan made the observation, saying the disclosure of one's caste could only be optional and not mandatory.

The bench dismissed a plea by an 81-year-old Gandhian from Tamil Nadu, Salemvelu Gandhi alias Velu, while yet terming the petition as having "laudable objectives".

The Gandhian had sought the court's direction to schools against seeking information about a child's caste at the time of admission, and pleaded this perpetuated casteism in the society.

The court said it was constrained to dismiss the petition owing to the practical difficulties in issuing the directions as several castes, including the Schedule Castes and Tribes and the Other Backward Classes, depend on the caste certificate issued by schools to avail the benefits of various affirmative actions of the state.

The bench said it cannot pass any direction on the issue as it would create problems for those who want to avail free scholarships and other benefits.

Supreme Court Refuses to revoke Stay on OBC QUOTA

Supreme Court says no to OBC quotas

New Delhi, Aug 8 (IANS) The Supreme Court Wednesday refused to revoke the stay on quota laws for other backward classes (OBC) students in centrally funded higher educational institutions.

The law had been suspended on March 29.

The Supreme Court decision has come despite the government offering a compromise formula for the same. Besides being embarrassing for the ruling UPA government, the refusal is especially disillusioning for Human Resource Development Minister Arjun Singh who had been trying to push the stay.

Refusing to lift the freeze, a five-judge Constitution Bench ruled that the Central Educational Institutions (Reservation in Admissions) Act 2006 cannot be implemented until the main petitions challenging the validity of the Act is decided.

"We are not going to pass any interim order," the Bench, headed by Chief Justice KG Balakrishnan, said.

The Bench said it will hear the main petition to examine the Constitutional validity of the Centre Educational Institutions (Reservation in Admission) Act 2006 soon.

Delhi private schools oppose 'virtual admission quota'

New Delhi, Aug 2 (IANS) A group of private schools in the capital told the Delhi High Court Thursday that they will not implement a committee recommendation to grant an additional five points to scheduled caste and scheduled tribe students during admission in nursery classes.

Submitting their objections to the Ashok Ganguly Committee report, the schools said it was an indirect way of introducing reservation for socially backward communities in private institutions.

They also objected to several other suggestions saying that they would not be implemented in the schools while admitting students.

A division bench headed by Chief Justice M.K. Sarma directed the Delhi government to act upon the suggestions of the private schools and file a reply with in four weeks.

The Ganguly Committee was appointed by the court to look into the admissions procedure to nursery classes in public schools and submitted its second report on July 13.

"The committee carefully examined all the views and suggestions received from different stakeholders and discussed them at length. It also studied the particulars of admission to the nursery class in some private schools of Delhi made in 2006-07 (under the old practice) and 2007-08 (under the new norms)," said the report.

While assigning a maximum 25 points to the neighbourhood clause, the committee had also earmarked five points for physically challenged children.

It left 25 points to the discretion of the school management for deserving students.

On the recommendation of the committee's first report, the court in October 2006 had barred nursery schools from conducting any kind of interviews or interaction with kids or their guardians during the admission process.

While doing away with interviews, the court had fixed a points system ranging from one to 100 on the basis of which children were to be given admission.

AP Assembly passes Muslim reservation bill

Hyderabad, July 24 (IANS) A legislation to provide four percent reservation to backward classes of Muslims in government jobs and educational institutions in Andhra Pradesh has been passed by the state assembly.

On Monday night, the Andhra Pradesh Reservation in Favour of Socially and Educationally Backward Classes of Muslims Act, 2007, replaced the ordinance issued last month.

Ignoring objections from the Majlis-e-Ittehadul Muslimeen (MIM) and Bharatiya Janata Party (BJP), the house passed the bill, paving the way for reservations for 15 backward Muslim classes.

While MIM, which has five members in 294-member house, demanded reservations for the entire community and took exception to the division of the community into castes, the BJP opposed reservations in the name of religion. The BJP, which has two members, staged a walkout.

MIM leader Akbaruddin Owaisi argued that there was no caste system among Muslims. However, the amendments moved by MIM were defeated by a voice vote.

Replying to a debate on the bill, Minister for Minority Welfare Mohammed Ali Shabbir said several states were providing reservations to backward classes of Muslims. He said the government wanted to provide five percent reservations to the entire community but was compelled to reduce the quantum and also confine it to only backward sections.

It may be recalled that the Andhra Pradesh High Court had twice set aside the government order and legislation for 5 percent reservations to Muslims.

However, some students have also challenged the move in the court while the BJP and its youth and student wings have intensified their agitation.

SC to hear government's quota plea July 31

New Delhi, July 17 (IANS) The Supreme Court Tuesday fixed July 31 to hear the government's fresh plea for the revival of a law for the reservation for other backward classes (OBC) students in centrally funded higher educational institutions.

Denying any immediate relief to the government on its Monday's application for reviving the quota law, a bench headed by Chief Justice K.G. Balakrishnan also decided to take a call on formation of a constitution bench to examine the legality of the suspended quota law.

The bench, which also had Justices R.V. Raveendran and Dalveer Bhandari on it, said the matter related to the quota issue would be "listed for direction for placing it before a constitution bench next week."

But with the court likely to refer the entire issue to a constitution bench next week, the government stood a fair chance of having the hearing on its latest plea next week.

As the government's petition for the revival of the quota law, suspended by the court on March 29, came up for hearing, the court initially suggested that it be listed for hearing within next eight weeks.

This was stoutly opposed by Solicitor General G.E. Vahanvati, who said the government's entire purpose would be defeated in moving the court as the OBC students would not be able to avail reservation in the academic session 2007-08 owing to the stay on the law.

The bench then suggested its listing on July 31, while advocate Rajeev Dhawan, appearing for various petitioners challenging the legality of the law, suggested that the entire issue be listed for hearing by a constitutional bench at the earliest.

The bench acceded to his request and said that it would take its call on forming a constitution bench next week. This partly satisfied Vahanvati as well, since the government's petition would be heard earlier this way.

Arguing before the court to revive the suspended quota law, Vahnavati earlier said the government has approached the court with fresh grounds to seek the revision of its March 29 order.

Vahanvati pointed out that Supreme Court, while hearing some petitions against the quota laws of Tamil Nadu, had asked the state to increase the seats for the general category students in its medical colleges in appropriate proportion.

He said the court had given this order after it found that the state reserved up to 69 percent seats for various categories of underprivileged students - 19 percent over and above the 50 percent limit fixed by the court.

He recalled that the court had asked Tamil Nadu to increase the number of seats for general category students after it found that the students figuring high in the merit lists of the medical entrance examination in the state were not able to secure admission in the colleges of their choice with their preferred courses.

Vahanvati added that in May this year, the court endorsed its 1994 order for increasing the general category seats in Tamil Nadu.

He argued that just as the court permitted an increase in the number of seats for general category students in Tamil Nadu to implement the quota policy, it should allow the central government to do the same as per the provisions of the Central Educational Institutions (Reservation in Admission) Act, 2006.

Movement to get quota for Muslim Dalits

Lucknow, June 18 (IANS) The All India Muslim Personal Law Board (AIMPLB) is spearheading a movement to include Dalits from the community under the category of Scheduled Castes.

Zafaryab Jilani, a member of the AIMPLB executive body, has got down to mobilizing Muslims in a big way to pursue his new mission.

Jilani, who is also a lawyer, has given it the banner of 'Muslim Reservation Movement'.

"My logic is simple - when certain groups of Hindus, Sikhs and Buddhists performing particular functions were listed as Dalits and were therefore entitled to all accruing benefits, why were equivalent Muslims deprived from those concessions," Jilani asked.

After convening an informal meeting of prominent Muslim leaders in Lucknow Sunday, Jilani proposes to hold larger rallies of Muslims in Meerut, Faizabad and Barielly in Uttar Pradesh over the next two months on the issue.

"We will hold our first rally in Meerut on July 15," Jilani told IANS.

"I am confident of receiving wide support as the issue is related to the gross deprivation of deserving members of the community from certain vital concessions that could have changed their socio-economic status in the country."

He also had a point to make on Other Backward Classes (OBC) among Muslims.

"Unless backward Muslims are allocated a separate reservation of 8 percent within OBC list, they would remain deprived of their legitimate due," he pointed out.

Muslims total over 140 million in India and constitute the country's largest religious minority.