Supreme Court rejects Centre’s plea for 4.5% sub-quota for Muslims


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NEW DELHI: In a setback for the Union government, the Supreme Court on Wednesday refused to stay Andhra Pradesh high court order quashing 4.5 per cent sub-quota for minorities in central educational institutions, including in IITs this year.
 
The SC said the government’s decision to implement 4.5% sub quota from January this year did not prima facie appear to be supported by constitutional provisions.
 
"We are not inclined to grant stay," a bench comprising justices K S Radhakrishnan and J S Khehar said while issuing notices to the petitioner on whose PIL the high court had quashed the 4.5 percent sub-quota for minorities.
 
It further said that the December 22, 2011 office memorandum on the issue of sub-quota did not have the legislative support.
 
The apex court said, unlike the 27% reservation to OBCs in central educational institutions, the carving of 4.5% sub-quota is not supported by even a law.
 
The SC said it appears that the carving out of 4.5% sub-quota was purely based on religious considerations.
 
With today’s apex court decision, the OBC students will get an additional 443 seats in IITs, which were kept aside for Muslims under 4.5% sub-quota.
 
Wednesday is the last of counselling for IIT admissions and the government ended up disappointed being not able to push through the sub-quota in IITs.

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