SC concludes hearing on reservation

New Delhi: The Supreme Court concluded hearings in the OBC reservations in Higher Education case on Wednesday and reserved its order.

The contours of OBC reservations also became clearer when the Government told the Supreme Court that 27 per cent reservation for OBCs was based on the caste census and the so-called creamy layer would not be excluded.

As senior counsel Fali S Nariman and P P Rao argued the case before a Bench comprising Justices Arijit Pasayat and Lokeshwar Singh Panta, they pointed out that the present reservation policy was based on 1931 population figures, which has no reference to caste-based classification of the population.

He said that he was not against reservations per se and the Government can continue with it. But then, "There is no ex-facie identification of OBCs or that of creamy layer for exclusion from the benefits of reservation," UNI quoted him as saying.

Nariman contended that no reservation can be provided without determining the social and educational backwardness of the beneficiary.

He also pointed out that the Government has no methodology of identification of the socially and educationally backward sections of caste or class in the population.

Nariman also pleaded for suspension of the implementation of the reservation policy till the next academic session 2008-09.

Additional Solicitor General Gopal Subramaniam, appearing for the Government, however, justified the Centre's policy of providing reservation to OBCs.