The supreme Court on September 29, 2008, clarified that if seats reserved for Other Backward Classes (OBCs) students in Central educational institutions remained vacant for want of eligible candidates, such seats must be allotted to general category candidates. A five- judge Constitution Bench headed by Chief Justice of India Justice K.G. Balakrishnan , which uphed the OBC quota law on April 10,2008 said that such vacant seats out of 27 percent reserved for OBC students couldn’t be carried forward to the next academic year. “ You cannot keep the OBC quota seats vacant as per our judgment . The unfilled seats must go to general category. Keeping seats vacant will be counter –productive” the Bench said while hearing an application filed by academician P. V . Indiresan seeking proper implementation of the Constitution .Bench judgment.
Solicitor Geleral Mr. G.E.Vahanvati submitted that the Government was not averse to a clarification to this effect from the Court . He said that those institution which implemented the 27% OBC quota at one go this year, were definitely mandated, as per the five- judge Constitution Bench, to give unfilled seats to the general category. Further Mr. Vahanvati said that if nine percent seats were increased every year to give effect to the 27 % OBC quota , only vacant seats accumulated at the end of the third year would be filldd box third general category. However Centre’s stand that unfilled OBC seats should be accumulated for three years before being allotted to general students , if they ultimately remained vacant.
According to the Centre’s affidavit, the Jawaharlal Nehru university has filled 54 vacant OBC seats with general category candidates while 29 such seats are vacant . Out of the 654 seats available for OBCs in 13 IITs, only 20 remain vacant but the cut-off wasn’t diluted.
Solicitor Geleral Mr. G.E.Vahanvati submitted that the Government was not averse to a clarification to this effect from the Court . He said that those institution which implemented the 27% OBC quota at one go this year, were definitely mandated, as per the five- judge Constitution Bench, to give unfilled seats to the general category. Further Mr. Vahanvati said that if nine percent seats were increased every year to give effect to the 27 % OBC quota , only vacant seats accumulated at the end of the third year would be filldd box third general category. However Centre’s stand that unfilled OBC seats should be accumulated for three years before being allotted to general students , if they ultimately remained vacant.
According to the Centre’s affidavit, the Jawaharlal Nehru university has filled 54 vacant OBC seats with general category candidates while 29 such seats are vacant . Out of the 654 seats available for OBCs in 13 IITs, only 20 remain vacant but the cut-off wasn’t diluted.
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