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Thursday, April 10, 2008

WP No 4016 & 4147/2008 Chennai High Court

WP No 4016 & 4147/2008
MP. Nos.1,1,2,3,5,6/2008

The Order reads as below

1. This court heard the learned counsel on either side and also perused the material records place

2. All 213 candidates who relies on GO.Ms.No.95 daated 05.02.2008 are selected by TNPSC only on 29.06.2006, though they worked on contract basis from 2004 onwards.

It is seen from previous GO.Ms.No 197 dated 07.06.2004 and GO.Ms.No 31 dated 03.03.2005 and also in the agreement dated 20.11.2006 entered into them with the government that it is categorically found mentioned that the said persons are not eligible to apply for PG course as service candidates. Hence, the said 213 persons cannot be treated as service candidates. Based on this order, seat can be filled up and posting be made.

These writ petitions are disposed of accordingly.
No Costs.

Consequently the connected MPs are closed 

SC gives nod to 27 per cent quota for OBCs

In a major boost to reservation, the Supreme Court on Thursday upheld the Constitution amendment law providing for 27 per cent quota for Other Backward Classes in IITs, IIMs and other Central educational institutions, but excluded the creamy layer from the benefit.

A five-judge Constitution bench cleared the Central Educational Institutions (Reservation in Admission) Act, 2006 providing for the quota, by a unanimous verdict.

The bench headed by Chief Justice K G Balakrishnan excluded the creamy layer among the OBCs from the quota benefit.

The court held that the Act does not violate the basic structure of the Constitution.

The verdict came on a bunch of petitions by anti-quota activists challenging the Act. They vehemently opposed government's move saying caste cannot be the starting point for identifying backward classes.

The inclusion of creamy layer in the reservation policy was also questioned by the anti-quota petitioners.

With this judgment, the interim order of March 29, 2007 staying the implementation of the Act has been lifted.

In effect, the reservation policy can be put in place for the 2008-09 academic session.

The court held that the Constitution (93rd Amendment) Act, under which the government came out with the law providing 27 per cent quota in Centrally-aided institutions, was not violative of the basic structure of the Constitution.

All judges favoured periodic revision on the implementation of the 27 per cent quota.

The court ruled that the delegation of power to the Centre to determine OBCs was valid.

The parameter applied for identifying the creamy layer among the OBCs for jobs as per the office memorandum of September 8, 1993, will be applicable, the court said.

It also held as valid the exclusion of minority institutions from the ambit of quota under the Act.

Besides the Chief Justice, the bench comprised Justices Arijit Pasayat, C K Thakker, R V Raveendran and Dalveer Bhandari.