The
Apex Court has upheld the Constitution amendment law providing
for 27 per cent quota for Other Backward Classes (OBCs) in
higher educational institutions. On Thursday a five-member
Supreme Court bench chaired by Chief Justice in its decision
issued order to keep the creamy layer of OBC out of reservation
criteria. The court in its decision said that reservation
policy should be reviewed from time to time. The court in
its decision told the Union government that the children of
present and former MPs and MLAs falling in the creamy layer
should be kept out from the benefits of reservation. As per
the criteria of creamy layer, families earning Rs 2 lakh 50,000
or above would not be entitled to take benefit of reservation.
Children of OBC families would get benefit who are unable
to provide higher education due to poor financial condition.
It may be recalled that that the union government had announced
to provide 27 per cent reservation to the OBC candidates in
higher educational institutions and 93rd amendment was made
in the Constitution for the same. The constitution bench completed
hearing on petitions challenging the constitutionality of
the law on November 1, 2007. Constitutional bench of Supreme
Court has given decision according to the feelings of constitution.
Reservation should also be provided according to the same
spirit. It should also be kept in mind that meritorious children
of non-creamy layer OBC candidates should be given benefit
of reservation. The institutions would have to make efforts
to maintain educational standards. According to the prestige
of IIT and IIM like institutions, it is essential that the
base of reservation availing candidates should be strong and
reservation is a special opportunity for them. Total transparency
should be adopted in reservation processes.
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