New Delhi, May 9
After perusing the questions framed by the government, petitioners and other parties for referring the contentious issue of the OBC reservation in central education institutions (CEIs) to a constitution bench, the Supreme Court today reserved its verdict on the issue.

With some positive signals emanating from the court on the referring the matter to a larger bench, the Centre though was hoping of a success in this regard, yet the uncertainty over the fate of OBC students who had qualified the entrance tests for admissions in the IIMs and IITs would continue till the judgement is out.

And even if the case is referred to a constitution bench, the government will have to undergo an exercise of moving a fresh application before it for vacating the interim stay on implementation of the OBC quota.

Thus several legal hurdles prevailed on the Centre’s way despite government’s assertion, particularly HRD Minister Arjun Singh’s that the candidates who had qualified the entrance tests against the 27 per cent quota in CEIs, would not be allowed to suffer.

A Bench of Justices Arijit Pasayat and Lokeshwar Singh Panta, which had stayed the implementation of OBC quota, today directed that the Solicitor General G E Vahnvati and senior advocate Harish Salve, appearing for Government and petitioners respectively would further consolidate the questions framed by lawyers of various parties and the same be submitted by tomorrow to enable the Court to arrive at the final decision.

The judges expected to frame the issues after getting the consolidated questions vetted by Vahanvati and Slave, gave broad hints about the important questions to be determined by the Court.

These include, (a) whether the provision of reservation to OBCs will affect the law of equality, (b) assuming that the OBC quota has to be implemented for how long it should continue, (c) whether the economic criteria irrespective of the castes can be introduced to determined the backwardness and (d) whether the concept of creamy layer accepted by the government in the employment can also be extended to admission to education institutions.

The Court agreed with the Solicitor General and other counsel appearing from both the sides that the questions involved were of “great importance and have far reaching consequences”.

It permitted states and political parties to implead in the case if they so desired and were directed to complete the formalities of filing the pleadings within eight weeks.