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Blow to Centre as SC rejects stay plea on minority sub quota | Landing a fresh blow to Centre, the Supreme Court on Wednesday rejected
the latter’s plea to seek a stay over 4.5 percent sub quota for minorities, here
on Wednesday. The two- judge bench of Justice K.S. Radhakrishnan and Justice J.S.
Khehar questioned the creation of the 4.5 percent sub quota for minorities and
rejected Centre’s “relevant” dossier that had attempted to justify such a quota.
The apex court, which had on Monday refused to stay the Andhra Pradesh High Court
order quashing the 4.5 per cent sub- quota for minorities within the 27 per cent
reservation for OBCs in central educational institutions, had posted the matter
for hearing for today. Additional Solicitor General Gourab Banerji on Tuesday
mentioned the issue and placed the documents before the court. The apex court
had also expressed its unhappiness that the Centre was blaming the High Court
when it had itself failed to produce documents to support its case. The Congress-led
UPA government had announced the sub-quota of 4.5 per cent for socially and educationally
backward people belonging to minority communities on December 22, 2011, ahead
of key assembly elections in five states, including Uttar Pradesh and Punjab .
It envisaged carving this sub-quota out of the existing 27 per cent quota for
Other Backward Classes (OBCs). Many political parties, including the BJP have
objected to this. On May 28 this year, an Andhra Pradesh High Court's division
bench had struck down the government's sub-quota for minorities, and held that
the Centre acted in a "casual manner". The HC said that the government Office
Memorandum (OM) creating the sub-quota was based on religious grounds and not
on any other intelligible consideration.
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