Eligibility for OBCs at most 10% less than gen category: SC

New Delhi, Aug 18 (PTI) The Supreme Court on Wednesday
held that eligibility percentage for admission of the OBC
candidates under 27 per cent quota in Central universities
would be at most 10 per cent less than that of general
category students.
A bench headed by Justice R V Raveendran said that the
eligibility criteria for OBC category students would not be
decided on the basis of last cut-off for general category
students.
The verdict put at rest the confusion prevailing over the
implementation of the April 10, 2008 judgement on the issue as
different central educational institutions were adopting
varying yardsticks for giving admission to the OBC candidates.
The bench, however, clarified that there would be no
disturbances in the admissions which have already been done by
the universities for this academic session but extended the
admission date till August 31 for filling vacant seats
according to the rules laid down by it.
"Where minimum eligibility marks in the qualifying
examinations are prescribed for admission, say as 50 per cent
for general category candidates, the minimum eligibility marks
for OBCs should not be less than 45% (that is 50 less 10
per cent of 50).
"The minimum eligibility marks for OBCs can be fixed at
any number between 45 and 50, at the discretion of the
institution. Or, where the candidates are required to take an
entrance examination and if the qualifying marks in the
entrance examination is fixed as 40 per cent for general
category candidates, the qualifying marks for OBC candidates
should not be less than 36 per cent," the bench said.
The court's clarification came a petition filed by P V
Indersan, a former professor of IIT Madras, seeking its
direction in the light of discrepancies in implementation of
OBC quota in different educational institutions.

Indersan had approached the apex court challenging a
Delhi High Court judgement which had said the cut-off marks
for OBC candidates should be 10 per cent less than the minimum
eligible marks for general category candidates.
He pointed out that there are discrepancies in
implementing OBC quota in central universities.
He had submitted that Delhi University is following a
different yardstick by which the gap in cut-off for OBC
students and general category students should not be more than
10 per cent where as in JNU, the practice of 10 per cent
relaxation in minimum eligibility criteria is being followed.
The apex court, after hearing all the sides, upheld the
Delhi High Court order.
It, however, refused to get into the issue whether the
OBC candidates making it to the merit list should also be
considered within the reserved category to fulfil 27 per cent
quota saying that it was not the subject matter of the present
case.
"The submissions in regard to the question whether OBC
candidates who are selected on the basis of their own merit
without the benefit of reservation, should be counted towards
27 per cent reservation, was not the subject matter of the
writ petition from which this appeal arises.
"Further, this issue was not directly raised, but was
referred only in an indirect manner in the pleadings before
this Court and Union of India had no occasion to deal with
this larger issue.
"We, therefore, do not propose to decide the alternative
contention which has wide ramifications except to note that
the appellant has raised an important issue which merits
serious consideration in an appropriate case," the bench said.