new Delhi: The Supreme Court on Friday directed the constitution bench to re-look into implementation of the 27 per cent OBC quota in universities.
There is no clarity from the Supreme Court - a constitution bench will hear the matter of OBC quota on Monday.
Delhi University colleges have been confused over how to implement the quota - should they slash 10 per cent off from the cut off or 10 per cent off from the eligibility criteria while admitting students in the reserved catogry.
Many of the reserved seats for OBCs go empty because of high cut-offs. The ministry of Human Resource Development (HRD) had approached the apex court seeking a review of the 2008 Supreme Court order.
The Supreme Court declined to give any immediate direction on discrepancies in implementation of the reservation policy relating to OBC quota in central universities and posted the matter for hearing on July 4.
A vacation bench of justices P Sathasivam and AK Patnaik directed that the matter be listed on Monday before the regular bench where the matter was already pending.
A bench headed by Justice R V Raveendran had been seized of the petition which pointed out the confusion prevailing in several universities, including Jawaharlal Nehru University (JNU) and Delhi University (DU) where admission process was in full swing.
The regular bench will decide whether the cut-off marks for the OBC candidates should be 10 per cent less than the marks fixed for the general category candidates or should it be 10 per cent relaxation in the minimum eligibility criteria.
The petitioner PV Indersan, a former professor of IIT Madras, had sought implementation of an earlier apex court verdict by which the constitutional validity of 27 per cent quota for OBC's in the Central Universities was upheld by it on April 10, 2008.
The vacation bench was informed that the three judges in a majority verdict had held that the cut-off marks for OBCs should not be less than five per cent or 10 per cent as against the general category candidates.
The court had in 2007 ordered the Home Secretary and the Director General of Police to register a case in respect of illegal confinement, torture, violation of human rights and malicious prosecution against the erring police officers. It had also asked the Special Crime Branch of the CBI to probe it.
After investigation, the CBI recommended departmental action against the six policemen.
In the departmental enquiry that ensued, the charges against certain officials were dropped while others were issued 'charge memo'. The petitioner was not happy with the government action, and had filed a fresh petition.
(With additional information from PTI)
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