Discrepancies in implementation of OBC quota before SC

The main issue was 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 less than the minimum eligibility criteria.

The petition has been filed by P V Indiresan,a former professor of IIT Madras who has sought the implementation of the apex court verdict by which the constitutional validity of the law in 27 per cent quota for OBC’s in the Central Universities was upheld by it on April 10,2008.

The court 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 petitioner also requested the apex court to stay the orders of the Delhi High Court which had on September 7,2010,said the minimum eligibility criteria for admission under OBC category would be at a maximum 10 per cent below the minimum eligibility criteria fixed for the General/ Unreserved category.

Senior advocate Indu Malhotra,appearing for the petitioner,submitted Delhi University is following a different yardstick which says that the gap in cutt-off for OBC students and the general category students should not be more than 10 per cent. “Admissions in Delhi University are being conducted on the basis of reservations to OBC candidates with 10 per cent marks below the cut-off marks for general category students. However in JNU,the procedure laid down by the impugned judgement and order is being followed. Thus,there is a great variance in admission procedures in central educational institutions,” the petitioner said.

Requesting the apex court for an urgent hearing,the petitioner said results of the entrance examination of JNU for the current session is already declared and interviews are scheduled from July 4 onwards.

Since there was no counsel to represent JNU,the bench said it will hear the matter on Friday.