SC Upholds OBC , Results likely to be delayed

[niwsa]

The Judgement Information System

Para 278

To this end, the Government shall set up a committee to
look into the question of setting the OBC cut off at nor more
than 10 marks below that of the general category. Under such
a scheme, whenever the non-creamy layer OBCs fail to fill the
27% reservation, the remaining seats would revert to general
category students.

Originally Posted by parulbajaj

My two cents..

Justice Pasayat, a member of the 5-judge bench, very clearly stated that any reserved seats left would be filled by the General Category students.. I saw this around half an hour back on CNN IBN and am dead sure about it!!!

[nk123]

Guys,

Please go through the summary of the verdict once...and it becomes crystal clear.

anyway for further clarification on if its applicable to SC/ST too.. here it goes

1C. Is creamy layer exclusion applicable to SC/ST?

In Indra Sawhney-I, creamy layer exclusion was only in
regard to OBC. Justice Reddy speaking for the majority at para
792 stated that "this discussion is confined to Other Backward
Classes only and has no relevance in the case of Scheduled
Tribes and Scheduled Castes". Similarly, in the instant case, the
entire discussion was confined only to Other Backward Classes.
Therefore, I express no opinion with regard to the applicability of
exclusion of creamy layer to the Scheduled Castes and
Scheduled Tribes.
See para 34.

Regards
nitin

[parulbajaj]

Sorry.. didn't see niwsa's post! .. Was too busy skimming the document!

[mohitbehl]

Originally Posted by niwsa

The Judgement Information System

Para 278

To this end, the Government shall set up a committee to
look into the question of setting the OBC cut off at nor more
than 10 marks below that of the general category. Under such
a scheme, whenever the non-creamy layer OBCs fail to fill the
27% reservation, the remaining seats would revert to general
category students.

that says a lot!!!
bt thn i'd say we r lukn at n interpretn the judgement in parts......hopefully by the evening the so called legal eagles wud hv interpreted the Judgement in entirety n things will b a lot clearer than they are rt nw!!

[social_loafer]

Originally Posted by nk123

Guys,

Please go through the summary of the verdict once...and it becomes crystal clear.

anyway for further clarification on if its applicable to SC/ST too.. here it goes

1C. Is creamy layer exclusion applicable to SC/ST?

In Indra Sawhney-I, creamy layer exclusion was only in
regard to OBC. Justice Reddy speaking for the majority at para
792 stated that "this discussion is confined to Other Backward
Classes only and has no relevance in the case of Scheduled
Tribes and Scheduled Castes". Similarly, in the instant case, the
entire discussion was confined only to Other Backward Classes.
Therefore, I express no opinion with regard to the applicability of
exclusion of creamy layer to the Scheduled Castes and
Scheduled Tribes.
See para 34.

Regards
nitin

this is ireally interesting now......now this judgement looks inetersting....way to go...

PS:switch on TIMES NOW..its flashing their that IIMs out of OBC quota..check it now

[catapult]

Originally Posted by the_CONSTANTINE

I know I might get a lot of groans for this post, but I am tempted to conclude that we are a nation of planners, and not doers. Disappointing as it may sound, all we people can do is, open up threads, voice out our opinions in a safe public domain being in comfort of our cozy homes, and hurl abuses over Arjun Singh, UPA and term it all as vote-bank politics.
I happened to read a few pages of this thread. Some people were shattered, some were warning to leave the country, others wanted ISB and others to get ahead of IIMs, but has anyone realized that the crux of the matter remains the same?

How many of us have actually done something about this. It is as much your country as is a politician's . YOU have made him sit on THAT seat from which he takes such decisions, either by GOING to vote, or by ABSTAINING from it. Then we hurl abuses over them. If we hate politicians so much, why don't we contest ourselves? Why don't we take the onus of Cleaning in our hands?

I have the answer.

Because it takes efforts!

While typing in long posts do takes efforts, getting off from one's butt and filing a PIL, or contesting with support from ur friends DOES take much more. We had filed a case regarding the same, deeming it unlawful, and it was categorically filed, along with thousands of other cases in the same vein. We took part in a few roadside protests. But then, not many came to be on our sides. Alas! We asked for this whatz happening to us right now.

I know its fashionable to speak of 'Changing self', 'Cleansing society' and all that - But face it - we just want to study. We don't want to contest elections, we don't want to hold road-side protests, go around courts etc. I mean what we are asking isn't much - I'm doing what I can and expecting what I should - its fair enough. Ok, hypothetically all us IIM aspirants elect one guy to the parliament as MP. Can he/she change things for us?

Frankly, you are saying the same thing as all of us - that we are in this situation because somebody voted for this guy or didn't vote at all. But I don't see anything changing. Yes, I voted. But not for Arjoon Singh. No, I didn't want to leave the country. No, I dont want to join anything else apart from IIMs. Yes, I was in the road-side protests. So, I now satisfy all your conditions and have done 'something'. But did anything change for me?. Am I being treated fairly by the system?

Yes, I accept I can't fight it. I can just write about it here for few minutes and get back to work. Nothingz gonna change! Its just about couple odd guys/politicians who do this and we have every right to crib or hurl abuses at him/it.

[mohitbehl]

Refer to the piece below...it probably makes things clearer(taken frm the Judgement copy)
10) At what point is a student no longer
Educationally Backward and thus no longer
eligible for special provisions under 15(5)?
Once a candidate graduates from a university, the said candidate
is educationally forward and is ineligible for special benefits
under Article 15(5) of the Constitution for post graduate and any
further studies thereafter.

this eliminates all doubts as to whether IIMs come under the purview of today's judgement or nt!!!
i hope i am right!!!

[abhithehobbit]

No OBC quota in IIMs, AIIMS: Top lawyer

I was about to post this, but Iguess the verdict amongst most top lawyers is unanimous....the quota does not apply to postgraduate institutions.

I believe the judgment now passed addresses almost all the genuine concerns of most concerned...No creamy layer, no reservation in higher learning institutions beyond graduation. I was taken aback at first, but I guess it does show a degree of maturity.

If this is true - then hats off to the SC!

[vaibhav29oct]

Originally Posted by Karti

There would be some obc students who satisfy all the criteria for general category. then they will be given seat in obc or general category?

I had a lengthy discussion with one of my friends on the topic quoted above.

As per him, "a reserved category" student can be given admission both in the general quota as well as the quota under which s/he falls. If s/he scores more than a General category candidate then s/he will be given admission against a General category seat and if s/he scores less than a General category candidate then s/he will be given admission in the quota reserved for her/his category.

SO that means that a General category seat is open to all. A meritorious OBC/SC/ST candidate can get into the seats reserved for general category provided s/he scores better than the a shortlisted candidate for general category. And if then are unable to get into the general category, then they will get admission under their reserved category seats.

I am not sure how true is this though my friend was damn sure about this. I request the puys to throw some light on this...

[Fermions]

Read this :

NDTV.com: What is creamy layer?

note the Service Category.
the so called 'creamy layer' actually includes a wide variety of jobs, also that anyone whose family income is above 2.5 lacs wont be considered OBC.

so the judges really thought it out, it wasn't that shoddy

My guess is, they are trying to churn out the various stratas even amongst the OBC castes, so that only the richer/moire priviliged dont get all the benefits.
So that it actually goes to the deserving amongst OBCs.

Also read somewhere that the list of OBC castes would be reviewd avery 5 yrs, so that this quota system dont go for ever.

but somehow, dont understand as to WHY the media dint highlight the 'good' side of the judgement, as in that actually a lot of OBC who r already at par with GEN ppl would be debarred from such quota benefits.

Also read this from rediff.com:

While putting the entire judgment in perspective Venugopal said, "This balanced judgment has scaled down the huge volume of OBC to the core level of OBC. This judgment has upheld the economic criteria of 1993 depriving large number of members of OBC from benefiting from reservation. It is a serious setback to the government who wanted to fill up prestigious institutes with OBC quotas.Today's judgment has kept graduation as the 'cut-off' point that will reduce the numbers of beneficiaries of OBC reservation."

"The 1993 criteria to decide 'creamy layer' amongst OBC section says that people with landed property, all government employees above Class II, all OBC families with monthly income of Rs 20,000 (gross annual income of Rs.2.5 lakh and above ) etc. are barred from availing any reservation from now onwards," Venugopal said.