Stay on 10 per cent quota in Gujarat to continue

New Delhi: The Supreme Court on Monday asked the Gujarat government not to carry out admissions for general category students under the 10 per cent quota for economically weaker sections in the State.

Though a three-judge Bench of Chief Justice T.S. Thakur and Justices A.M. Kanwilkar and D.Y. Chandrachud stayed the Gujarat High Court order quashing the ordinance till August 29, it said the stay will be subject to the condition that no admissions should be made on the basis of this quota.

The Gujarat government issued an ordinance in May providing for 10 per cent quota for EWS in the general category in the wake of widespread agitation by the Patel community for their inclusion in OBC. Attorney General Mukul Rohatgi appearing for Gujarat pleaded for stay of the HC judgment dated August 4 pointing out that the HC itself had suspended its judgment for two weeks for filing an appeal. However, counsel Gopal Subramanian for the general category students opposed the blanket stay on the ground that the two weeks period had expired on August 17.

He said he had no objection if the order was stayed on the same terms imposed by the HC that no admissions should be made on the basis of 10 per cent quota. The Bench then passed a similar order and posted the matter for further hearing on August 29.

In its appeal, Gujarat said the high court had failed to consider that the provision as regards the earmarking 10% for Economically Weaker Class in the matters of admission and appointment is not ‘reservation’, but a further classification in the General / Open / Unreserved category of citizens of the State and that, therefore, the impugned judgment deserves to be held bad.

The state said the high court had failed to consider that mere use of expression ‘reservation’ in the Ordinance for 10% of available seats in the educational institution and in the appointments under the State service will not per se brand the same as reservation contemplated under Articles 15(4) and 16(4) of the Constitution.

The appeal said it should have been appreciated that in furtherance of the said proposition that the State has promulgated the Ordinance and fixed income limit of Rs 6 lakh  per annum as one of the eligibility criteria.