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Supreme Court Verdict Gives Hope to Striking Medicos

The Supreme Court today has issued a notice to the Centre asking it to explain the basis on which a policy decision to implement 27 per cent reservation was taken//.

With the deadlock on the quota issue continuing, the Supreme Court today decided to examine the government's controversial move to provide 27 per cent reservation to socially and economically backward classes in higher educational institutions.

Questioning the basis on which government decided to go ahead with reservation, a vacation Bench comprising Justice Arijit Pasayat and Justice L S Panta issued notice to the Centre directing it to explain the modalities to be adopted for its implementation.

Taking serious note of the concern raised during the hearing that adoption of such a policy would divide the country on caste basis, the court sought response from government as to what would be the basis for identifying OBCs.

"These questions have serious social and political ramifications and this court will deal with it appropriately," the Bench said while deciding to examine the effect of the implementation of the policy.

Additional Solicitor General Gopal Subramanian, who accepted the notice on behalf of the Centre, said the court has touched upon the core issue relating to reservation.

The PIL petitions was filed by advocate Ashoka Kumar Thakur and Shiv Khera challenging the validity of the Constitution 93rd amendment extending reservation for OBCs.

The court sought counter affidavit within eight weeks from the concerned ministries like Social Justice and Empowerment, Human Resource Development, Science & Technology, Commerce, Health and Department of Statistics and Programme on the petitions filed by advocate Ashoka Kumar Thakur and Shiv Khera challenging the validity of the Constitution 93rd amendment extending reservation for OBCs.

The court appealed to the agitating students to give up the strike under the bac kdrop of its decision to examine the whole issue.

Supreme Court today also appealed to the agitating medicos to call off their strike saying it has decided to examine the matter. "Now that we have taken up the matter they (agitating students) should call of the strike," a vacation Bench comprising Justice Arijit Pasayat and Justice L S Panta said.

The court was hearing the petitions filed by advocate Ashoka Kumar Thakur and Shiv Khera challenging the validity of Constitution's 93rd Amendment Act, 2005, extending reservation for OBCs.

The court had had refused to admit a PIL filed a month ago on the question of reservation. The last census to know the number of people from OBC / Backward classes/ SC/ST was done in India in 1932.


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