Ashoka Kumar Thakur vs. Union of India (Supreme Court Case)
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The Ashoka Kumar Thakur vs Union of India is a public interest litigation challenging the conclusion of the Mandal Commission that about 52% of the total population of India belonged to OBC segment. The National Sample Survey Organisation had estimated the OBC segment to be 32 per cent. The PIL was filed by Mr Thakur in May 2006 and no final decision has yet been reached on it.
The government decided in April 2006 to provide for nearly 27% reservation of seats for students from the OBC segment in institutes of higher learning in India. This would have reduced the seats for a general, unreserved candidate to about 50% (after taking into account other reserved seats). The parliament passed a bill to bring out an amendment in the constitution in this regard. The PIL submitted by Mr. Thakur challenges the amendments validity.
The Supreme Court of India in response to the PIL refused to stay the constitutional amendment but issued notice to the government. The government which had faced strong anti reservation protests on its turn stated that that the reservation policy would not be implemented until a bill (The Central Educational Institutions (Reservation in Admission) Bill, 2006) introduced in the parliament in August 2006 for this purpose becomes a law. The bill was later approved by the parliament.[1]
As of now the Supreme Court, as an interim measure, has stayed the operation of admission to medical and professional institutions for OBC's under the 27 per cent quota category for the year 2007-2008 and has directed that all the cases (including this one) should be listed for the third week of August for final hearing and disposal on the issue.[2] The Court has held that the 1931 census could not be a determinative factor for identifying the OBCs for the purpose of providing reservation. However, it has clarified that the benefit of reservation for the Scheduled Castes and Scheduled Tribes could not be withheld and the Centre can go ahead with the identification process to determine the backward classes.
- Timeline of recent 'quota in education' events
- Website for acts passed in Indian Parliament.
- The Hindu News Article.
- The Hindu News Article.
- Rediff.com New Article.
- Youth for equality, official website. Retrieved on April 14, 2007.