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(May 02, 2008) In a unanimous 500-page judgment delivered on April 10, 2008, the Supreme Court of India upheld the validity of the Central Educational Institutions (Reservation in Admission) Act, 2006, which provides for a 27 percent quota reservation for Other Backward Classes (OBC) in higher educational institutions like the various Indian Institutes of Management (IIMs) and Indian Institutes of Technology (IITs). The bench also upheld the validity of the Constitutional (93rd Amendment) Act, 2005, which enables central and state governments to enact similar legislation to provide for set-asides in higher education institutions. The Court, however, left the door open to possible challenges to such reservations if mandated by the government in private, unaided educational institutions. Justice Dalveer Bhandari, in a separate judgment, stated that the quotas in private institutions would be illegal and would violate the basic structure of the Constitution.
Simultaneously, the Court observed that the reserved places would not be available to the "creamy layer" of OBC, who, because of their economic background, can no longer be classed as OBC. (Supreme Court Clears OBC Quota Law, THE HINDUSTAN TIMES, Apr. 10, 2008, http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=2f0f6594-a244-4e73-
|Author:||Krishan Nehra More by this author|
|Topic:||Education More on this topic|
|Jurisdiction:||India More about this jurisdiction|
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Last updated: 05/02/2008