NEW DELHI: The Supreme Court on Monday said reservation should be limited to the backward deprived of access to fruits of advancement, while leaving out the financially sound, or creamy layer, among the socially and educationally backward classes.
%u201CWhy should the financially sound among the backward benefit from reservations, which is meant for their weaker brethren,%u201D asked the two-judge bench comprising Justice Arijit Pasayat and Justice L S Panta. It added that while extending the benefit of quota to a backward deprived of access to infrastructure was understandable, the creamy layer was not deprived of access to infrastructure.
Solicitor-general G E Vahanvati argued that the concept of creamy layer was applicable only to jobs, which were scarce. Besides, he added, the government had in any case ensured that the general category students were not affected by new quota regime, by increasing their seats to the pre-quota level.
%u201CIf the seats are not being curtailed, how did the law infringe the fundamental rights of any student,%u201D asked Mr Vahanvati.
The bench, not quite buying the argument, said the question was of entitlement. %u201CIf the economically forward is not entitled to the reservation benefits, can parliament still give him the benefit?...would it not violate the right to equality guaranteed under the constitution, it asked.
Arguing against the centre%u2019s application, former solicitor-general said the funding of central educational institutions was with tax-payers%u2019 money and therefore, right of equality must play an important role.
Mr Salve even went to the extent of questioning the continuation of reservation policy, alleging that nobody in power had the courage to dismantle the policy that has become a self-perpetuating regime. %u201CIt is now being demanded as a right,%u201D he said.
To add to the discomfort of the centre, advocate M L Lahoty noted that the centre knew that a huge number of creamy layer OBCs would benefit from the quota, which is why it had pleaded that if the creamy layer was excluded, the 27% seats earmarked for OBCs would not be filled up
RE:Why should well-off OBCs benefit: SC
by serial on Apr 24, 2007 08:30 AM Permalink
if census is been repeated , OBC % will fall and after creamy layer seperation OBC will come down to 10-15% only and then why 27% reservation is needed. arjun singh can never answer that,
Centuries back those upper caste people used to throw lower caste people from temples and schools...now the same people sitting as SC judges doing the same thing.....God where are you?
RE:21st Century!!!!! Still no change in upper caste people's mind
by serial on Apr 24, 2007 07:13 AM Permalink
supreme court is not foolish like politician thats why god is there. stupid think why stay was not vacated. court never said dont give the reservation. court just want to know who is OBC and why they need reservation.
RE:21st Century!!!!! Still no change in upper caste people's mind
by on on Apr 24, 2007 07:16 AM Permalink
sorry bhai galti ho gayi mujhe laga OBC are poor people and i was just looking for instant benefits i promise i will not ask for reservation any more
RE:21st Century!!!!! Still no change in upper caste people's mind
by whoamI whoamI on Apr 24, 2007 10:20 AM Permalink
I am inside you, my friend. You have to open your eyes, remove the evil punishing attitude for ancestoral sins, avoid the same mistakes upper class people did centuries ago, and I will reappear in your heart. Till then, my son, there is no God or peace for you.
RE:21st Century!!!!! Still no change in upper caste people's mind
by BALAJI VISWANATHAN on Apr 24, 2007 11:50 AM Permalink
Grow up man! You are aware that India is a land of opportunities and not US anymore. Every person gets opportnities and not that a reservation alone is going to change the world. Every potential guy, if he thinks he/ she can succeed will do it. Unlike what happened in the past wherein OBC's etc were supressed, it isn't the case anymore.So what is the reservation for and why so many complaints. If a reservation alone can help individuals succeed, then how come we have people from remotest of places with supressed background still make it to the top? If you are determined, there is no need for a quota system to help you grow.
Coming within days of IIMs first refusing to toe the government advice of keeping admission list on hold till the OBC reservation issue was settled in the Supreme Court, the move will definitely ruffle IIMs and India Inc. Institutes of Management Bill would be modelled on the lines of the Institutes of Technology Act, 1961, under which the IITs function.
A top government source said consultation on the proposed bill was on with the law ministry. He also sought to allay the apprehension that the proposed law could result in the erosion of the autonomy of IIMs.
RE:RE:arjun singh -- humari dono aankhe phod do chahe per uski ek aankh to nikal lo
by Prem Chandra on Apr 24, 2007 12:54 PM Permalink
Well, Nothing can be above Law.. nor above the Govt. & Constitution. Therefore, autonomy is only just an extension of grant [of freedom] given for the "speedy decision making" within the campus. So, autonomy does not mean that the authorities can act on his own will..They must have to function in accordance with the requirement of the Govt. who is a facilitator. They must have to be accountable to the Govt. for their each and every movement. Therefore, restriction on autonomy does not violate any law [with ref. to any constitution, including the US of whose many of you are more loyal to and proud of (than your country)]. Ex. Mr. Bush vetoed on matter of Human Cloning in USA. Are you convinced?? If not, then I can not do anything.
Centuries back those upper caste people used to throw lower caste people from temples and schools...now the same people sitting as SC judges doing the same thing.....God where are you?
RE:21st Century!!!!!!!!!! still no change in India
by serial on Apr 24, 2007 07:11 AM Permalink
supreme court is not foolish like politician thats why god is there. stupid think why stay was not vacated. court never said dont give the reservation. court just want to know who is OBC and why they need reservation.
RE:21st Century!!!!!!!!!! still no change in India
by on on Apr 24, 2007 07:18 AM Permalink
mujhe meri maan ki kasam hai aaj ke baad reservation ka naam nahin loonga. mehnat se kama kar khaunga
RE:21st Century!!!!!!!!!! still no change in India
by varun krishan on Apr 24, 2007 07:25 AM Permalink
you are in which world.. I being a general category student have always been sitting, dining and playing with so called reserved category students. I have never discriminated them with all my friends. You would find many like me and hence we dont understand the concept of reservation. BTW OBC people were never low caste people they were infact from the politically and economically well off society. They were the people who tortured the lower caste guys the most. So open your eyes if you really wish to. If you dont wish to then dont spread ur dreams and nightmares here. Also this judgement will not stop reservation so you really dont worry about this. If the judges are not carrying on their responsibility then do you think the politicians are?
RE:21st Century!!!!!!!!!! still no change in India
by on Apr 24, 2007 07:42 AM Permalink
Ask your parents and grand parents how they treated lower caste people. If they don%u2019t tell you the truth (obviously they will not tell you the truth) read the history books. Thank god at least these reservations helped them to have sitting and having dinner with you....
RE:21st Century!!!!!!!!!! still no change in India
by on on Apr 24, 2007 07:46 AM Permalink
fool, you will not learn anything form present. every refernce from past will not lead you to satyug.
remember when america denied india nuclear technology - we still got it. no reservation was needed. super computer we still made that aerospace tech -- launching sataelite for others
anywahere we need reservation nope. and you are asking reservation for those obc whose fatehrs are millionare.
at least be sensible and talk something better. today only go to temple and let me know if someone ask you to get out from there.
as far as reservation is concern you are among those idiots who never understood that it is another poison. may be worse than discrimination by upper caste.
RE:21st Century!!!!!!!!!! still no change in India
by on on Apr 24, 2007 07:59 AM Permalink
jawahar lal- indira gandhi -rajeev- sonia- rahul
and this party is going for reservation and OBC SC ST are voting for it. can anyone explain that.
A SC IAS officer take revenge form uppercaste , all SC are happy that at least someone did that so his son deserve the reservation, and then his son and then his son.
wake up , 1) one person one time reservation policy. either take it for college admission or job or promotion. 2) once a father or mother has taken reservation benefits kids will not be allowed.
just 20 years and whole india will be changed. no more social deprived person will be there.
RE:21st Century!!!!!!!!!! still no change in India
by on on Apr 24, 2007 07:27 AM Permalink
sorry bhai galti ho gayi mujhe laga OBC are poor people and i was just looking for instant benefits i promise i will not ask for reservation any more
laloo foolishness Rlys will add a third aisle berth to AC, sleeper bogies
The main problem facing railway designers is where to fit the third passenger during the day. The second is that the height of the coaches would have to be raised to adjust the third berth. This has been questioned by the Commissioner, Railway Safety.
To avoid objections from the safety commissioner, and yet keep the minister and his advisors happy, railway designers are trying to squeeze in a third berth between the two side berths.
Using their indigenous technology, they have made the middle berth foldable so that during the day, the sitting passengers don't bang their heads against it.
"The middle berth folds up and sticks to the bottom of the upper berth,"said a railway officer gleefully.
But where does the third side passenger sit during the day? The officer said that the three-plus-three passengers in the cabin will have to adjust this passenger.
When told that this could lead to disputes among passengers, the officer said, "We will put a seat number which will compel them to adjust."But would this not amount to discrimination? The officer said that in any case, passengers had to adjust with each other during the day.
For any hancicap - a reservation ! okay? Some say "in last general election in 2004, many candidates could not rig, because they were handicapped' had there been a reservation for rigging then CPM could not rig so many seats in WB. Then they could not support from outside and puppetplay! Its a sample for display! We have compiled more than 10000 areas of sufferings as a result of 'non reservation' Is it not interesting?
The US president raised the stakes today demanding that American citizens be given reservations in all walks of life. Citing that native americans were persecuted by European settlers, African americans were slaved by the new US citizens of European descent and that the Europeans settlers themselves were light years behind the developed cultures of Asia and Africa if you discount the last 500 years, he argued that equality be promoted and justice restored by giving US citizens reservations in all multinational and international affairs.
The Indian minister filed a petition to the international olympics committee seeking the following to ensure equality.
1) Indians having been ruled by foreigners for a long period, needed special reservations where they would run only the last 30 meters in the 100 meters race.
2) As Indians are used to claiming backwardness, IOC should start a reverse 100 meters race.
3) He also opined that the USA and China have won many medals so far due to their better training, facilities, physical fitness and determination and therefore, should only be allowed to compete in 10% of the games going forward.
It was also rumored that Mr. Singh also filed a petition to the UN demanding reservations for India to the security council citing numerous reasons along the same lines.
RE:Arjun Singh petition to IOC
by Black Stallion on Apr 24, 2007 06:29 AM Permalink
whether the dalit is asked to run the last 30 meters or run backwards he is going to beat the bramin hands down and that's what matters to him !
RE:Arjun Singh petition to IOC
by varun krishan on Apr 24, 2007 07:31 AM Permalink
what will you do after beating the brahmin guy? He is not even competing with you.
RE:Arjun Singh petition to IOC
by WhoAmI on Apr 24, 2007 06:32 AM Permalink
I agree with you on both counts (a) that brahmins are generally speaking worse athleted and (b) sadly, beating brahmins appears to matter more than recognizing the sad state of affairs.
