Supreme Court refuses to stay order on minority sub quota
 

The Supreme Court on Monday declined to suspend for now the Andhra Pradesh High Court’s verdict quashing 4.5 per cent sub-quota for minorities within 27 per cent reservation for Other Backward Castes (OBC).

An apex court bench of Justice K.S. Radhakrishnan and Justice J.S. Khehar declined to suspend the operation of the high court verdict, saying the central government has not placed any material to back up its prayer.
However, the court adjourned the hearing till Wednesday after Attorney General G. Vahanvati told the court that he would place before it the relevant material.

Before adjourning the hearing, the court pulled up the central government for issuing office memorandum providing for 4.5 percent sub-quota within 27 per cent OBC reservation for the OBC without undertaking any detailed exercise.

The court asked the Attorney General whether the matter was put up before the National Commission for Backward Communities and the National Commission for Minorities prior to ear-marking 4.5 per cent sub-quota.

As Attorney General Vahanvati assailed the high court order, the court told him, “How can you fault the high court when you did not place relevant material before it?”

The high court on May 28 quashed the 4.5 per cent sub-quota created through the issuance of an office memorandum Dec 22, 2011. The court had observed that the issuance of the office memorandum for creating the sub-quota was rooted in religious basis than any other constitutional consideration.