AHMEDABAD, Sept 30: In an interim relief, a Gujarat High Court division bench of Justice C K Thakker and Justice A M Kapadia has stayed that part of single-judge's order on the state government's reservation policy on socially and educationally backward classes (SEBC) for admission to medical and engineering courses which said that 27 per cent reservation for SEBC students will get operational from the next academic year.However, the uncertainty facing the students seeking admission to medical and engineering courses continues. This is because the interim stay will remain in abeyance till October 16 as the division bench admitted a letters patent appeal (LPA) filed by Dimple Shah and others which challenged single judge order holding that 27 per cent reservation for SEBC students is a correct policy. The appellants have been given time till October 16 to move the Supreme Court.The division bench granted interim stay after admitting several LPAs, including one by the state government, challenging this September 8 order of Justice M S Parikh. The state government appeal contended that not implementing 27 per cent reservation policy from this year would be highly unjustified after the single judge has held the policy as correct.The entire litigation began in a petition filed by Dimple Shah and others seeking direction to the state government keep reservation for SEBC students to 10 per cent, and not 27 per cent, without creating 17 per cent additional seats, as assured assured by government resolution dated February 23, 1994.The petition, in other words, challenged the government resolution dated July 10, 1998, denotifying rule 6 of admission rules for medical and engineering courses. According to rule 6, SEBC students will get admission on reserved seats provided the difference between the marks obtained by the SEBC students and those by open category students is not more 5 per cent at each college.However, Justice Parikh had rejected this petition, and held that the interim formula for reservation will be used for this year and that 27 per cent reservation will get operational from the next academic year.According to this formula, of the 27 per cent sears reserved for SEBC students, 10 per cent are reserved for admission through Rule 6, 8.5 per cent without Rule 6, and the remaining 8.5 per cent for meritorious SEBC students. Government pleader Prashant Desai and additional advocate general S N Shelat appeared for the State government.Advocates Bhaskar Tanna and Dhaval Dave appeared for Dimple Shah and others. Senior advocates Haroobhai Mehta and Girish Patel appeared for the Council for Social Justice, representing SEBC students.
