Don’t Disturb Admissions Made Under Quota Ordinance: SC to Gujarat

The quota for the economically backward among the unreserved category had been quashed by the Gujarat High Court.

Supreme Court today directed the Gujarat government not to disturb the admissions already granted in educational institutions through a quota for the unreserved economically backward category, which has been quashed by the Gujarat High Court. The controversial ordinance included quota for the agitating Patel community.

The apex court also made it clear to the state government that no further action can be taken for implementing the quota policy aimed at providing 10 percent seats in educational institutions and services to the above mentioned sections.

A bench, comprising Chief Justice TS Thakur and Justices AM Khanwilkar and DY Chandrachud, admitted the appeal filed by the Gujarat government against the High Court order quashing the ordinance, terming it as “inappropriate and unconstitutional”.

The bench said the matter would be first listed before a three-judge bench, and if required, that bench can refer it to a larger bench of five-judges.

Pending further order, we direct that the admissions made prior to the judgement of the High Court will not be disturbed during the pendency of the matter. Since the High Court has quashed the notification, we make it clear that no further action would be taken towards implementation of the said notification, qua education and services.

Supreme Court Bench

Attorney General Mukul Rohatgi, appearing for Gujarat government, submitted that the ordinance was effectively challenged with regard to medical colleges. The state has decided not to give effect to the implementation of the ordinance for admissions in medical colleges, he added.

He said the real objective was to give opportunities to economically backward sections from the general category but since the ordinance has been quashed, it is non-operational.

The Attorney General said the 10 percent quota policy would have been beneficial in engineering colleges as even now 5,000 seats are vacant.

The apex court had on 2 September agreed to advance the date of hearing on Gujarat’s plea challenging quashing of its ordinance on the ground that counselling for MBBS admission would end soon.