New Delhi, Oct 18 (UNI) The Supreme Court has not passed any order directing the Centre to place before the court a copy of the report of the Parliamentary Standing Committee on the issue of providing 27.5 per cent reservation to the OBCs in admission to higher educational institutions from the academic year 2007.
The apex court has only recorded the assurance given by the government in this regard.
The order of the apex court dated Oct. 16,2006, a copy of which is in possession of UNI, says,"It is stated by Mr Gopal Subramanium, learned Additional Solicitor General that a Bill has been introduced which will have considerable effect on the controversy at hand. The matter is under examination of the standing committee of the Parliament whose report is awaited. In all probability , it is submitted the Report if received from the Parliament will be placed before the Parliament in the winter session which is likely to commence from Nov. 27,2006. Assurance is given by him that a copy of the Standing Committee's report shall be placed in a sealed cover before this court.
The matter shall be listed on 4.12.2006." In some quarters the court's order has been misunderstood creating an impression that the apex court had directed the government to place the Standing Committee Report before the court before placing it in the Parliament which is not true.
The bench comprising Justices Arijit Pasayat and Lokeshwar Singh Panta had during the hearing of the petitions challenging the constitutional validity of the reservation policy had reprimanded the government asking it as to how the government can announce the policy wihtout having complete data of the percentage of OBCs in the country and such policy amounted to playing the game first and framing the rules later.
Gopal Subramanium had assured the court that the government weould get back to this court and submit a copy of the report of the Standing Committee of the Parliament for consideration of the top court.
The court during the hearing had also made its intentions clear that it would stay the operation of the reservation policy if implemented during the pendency of the writ petitions but never issued any directions which would come in the way of Parliament debating and deciding the fate of the controversial Bill pending before Parliament.
UNI AKS/SC RP RK1815
The apex court has only recorded the assurance given by the government in this regard.
The order of the apex court dated Oct. 16,2006, a copy of which is in possession of UNI, says,"It is stated by Mr Gopal Subramanium, learned Additional Solicitor General that a Bill has been introduced which will have considerable effect on the controversy at hand. The matter is under examination of the standing committee of the Parliament whose report is awaited. In all probability , it is submitted the Report if received from the Parliament will be placed before the Parliament in the winter session which is likely to commence from Nov. 27,2006. Assurance is given by him that a copy of the Standing Committee's report shall be placed in a sealed cover before this court.
The matter shall be listed on 4.12.2006." In some quarters the court's order has been misunderstood creating an impression that the apex court had directed the government to place the Standing Committee Report before the court before placing it in the Parliament which is not true.
The bench comprising Justices Arijit Pasayat and Lokeshwar Singh Panta had during the hearing of the petitions challenging the constitutional validity of the reservation policy had reprimanded the government asking it as to how the government can announce the policy wihtout having complete data of the percentage of OBCs in the country and such policy amounted to playing the game first and framing the rules later.
Gopal Subramanium had assured the court that the government weould get back to this court and submit a copy of the report of the Standing Committee of the Parliament for consideration of the top court.
The court during the hearing had also made its intentions clear that it would stay the operation of the reservation policy if implemented during the pendency of the writ petitions but never issued any directions which would come in the way of Parliament debating and deciding the fate of the controversial Bill pending before Parliament.
UNI AKS/SC RP RK1815
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