Quota from this yr itself, says Centre

While indicating it did not want to confront the judiciary over the the Supreme Court stay on implementation of 27 reservation for OBCs in higher education institutions

While indicating it did not want to confront the judiciary over the the Supreme Court stay on implementation of 27 reservation for OBCs in higher education institutions, the UPA government today made clear it would take 8220;all appropriate steps8221; to implement quota from this academic session itself.

The Government8217;s decision to approach the Supreme Court and get the stay vacated was endorsed by partners, especially the DMK, RJD and LJP, and the Left allies at a meeting today. Sources said there was unanimity among parties on implementing quota from this year itself.

The Left parties felt there was no need for fresh enumeration of OBCs in the country as most states did have OBC lists and admissions to education institutions in the states were being done on the basis of these lists.

Prime Minister Manmohan Singh is likely to hold meetings with other parties to build greater political consensus on the issue. After the meeting, a release issued by the Prime Minister8217;s Office stated: 8220;Government will take all appropriate steps to ensure that the reservation for OBCs to the extent of 27 per cent becomes operational from this academic session8221;.

At the meeting, it was decided that the Government will first move the Supreme Court, state legal grounds for seeking vacation of the stay and, at the same time, underline that Parliament8217;s legislation needs to be implemented. The Government may also possibly ask that the matter be referred to a larger Constitutional Bench.

The Government8217;s line of argument, sources said, would be drawn from the landmark ruling in the Indra Sawhney case of 1992. Relying heavily on the judgment of the nine-judge Bench, the Centre8217;s application will ask for vacation of stay to deal with the immediate crisis on hand.

To ensure implementation of OBC reservation, the points of a caste-based census and creamy layer will be part of the arguments, the sources said.

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The Government has held extensive discussions with legal experts. Additional Solicitor General Gopal Subramanium has had several rounds of talks with Human Resource Development Minister Arjun Singh ever since the Supreme Court stayed implementation of quota.

Sources said that since caste-based census had already passed judicial scrutiny of a nine-judge Bench, the Government may contend that even exclusion of the creamy layer, as per the Indra Sawhney judgment, will arise only under Article 16 4 providing for reservation in government employment opportunities and, therefore, it may be allowed to implement quota in higher education institutions.