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| Confusion over quota in PG courses |
| Confusion over applicability of OBC quota in PG courses
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| INDIA
, 11-April-2008
10:27:45 AM |
| Confusion prevails whether the law cleared by the Supreme Court relating to 27 per cent quota for OBC in Central educational institutions will be applicable in post-graduate courses as there was a difference of opinion among the five judges over the educational criteria to determine backwardness.
While delivering the judgement on Thursday, Chief Justice K G Balakrishnan and Justice R V Raveendran, who rejected the contention that 10+2 should be the criteria to determine educational backwardness, did not dwell any further on the issue.
However, three other judges - Justices Arijit Pasayat, C K Thakker and Dalveer Bhandari - held that a person ceases to be educationally backward after graduation.
''Once he has graduated, he shall no longer enjoy the benefits of reservation. He is then deemed educationally forward,'' said Justice Bhandari.
''For admission into Master's programme, like 'Master of Law', 'Master of Arts' and 'Master in Engineering', none will be fortiori eligible for special benefits for admission into post-graduation or any other studies thereafter,'' he said.
Justice Arijit Pasayat, who wrote the judgement along with Justice C K Thakker, concurred with Justice Bhandari, saying ''Secondary or matriculation examination can no longer be considered to be an appropriate benchmark. It has to be graduation.''
''While determining backwardness, graduation (not technical graduation) or professional shall be the standard test yardstick for measuring backwardness,'' Justice Pasayat said.
Without enumerating any specific criterion for educational backwardness, the Chief Justice, whose view was shared by Justice Raveendran, said ''We find no force in the contention'' of the petitioners (anti-quota) that backward classes should be determined on the basis of their attaining education only to the level of 10+2 stage.''
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