Quota Conundrum : SC opens the Quota Floodgates!

In a major boost to the Governments reservation policy, the Supreme Court on Thursday upheld the Constitution amendment law providing for 27 per cent quota for OBCs in IITs, IIMs and other Central educational institutions but excluded the creamy layer from the benefit.

A five-judge Constitution bench headed by Chief Justice KG Balakrishnan, made a unanimous verdict cleared the Central Educational Institutions (Reservation in Admission) Act, 2006 providing for the quota.

The parameter applied for identifying the creamy layer among the OBCs for jobs as per the office memorandum of September 8, 1993, will be applicable, the court said.

It also held as valid the exclusion of minority institutions from the ambit of quota under the Act. Besides the Chief Justice, the Bench comprised Justices Arijit Pasayat, CK Thakker, RV Raveendran and Dalveer Bhandari. read on sify analysis see video

Now that the floodgates are open expect a Tamil Nadu like situation in the future where a majority admission into premier govt and private institutions like IITs to be done by reservation, and not merit. Reservations are the safest way to divisive politics and assured vote banks, the Congress has played this game well, and i don’t expect it to shift from its stand, that too when the community based parties and parties based on minority appeasement have taken over states like UP, from the Congress. As I see it these castes are large vote banks and reservations or not politicians kids always get seats in any educational institution, as they are excluding themselves from being public servants as they are privileged vvips.

The Quota System in India has been much abused and i know of instances of very very rich people using it for getting that much coveted engineering /medical admission using the caste certificate. infact when i applied for a normal degree course, i personally witnessed a lady getting out of a chauffeur driven Merc, with her child in tow yelling to the driver to get the file carrying the coveted cast certificate so as to get her daughter that assured bc seat making me wonder about the existence of the genie called the Creamy layer.

It is not strange that the Minority institutions have been Excluded from this verdict, As i see it they are first class citizens of this country these days. I am also expecting a minority quota to be announced, so as to consolidate that coveted minority vote bank in the near future,sometime close to the announcement of the next General Elections.

Worse i don’t have a clue about how the Creamy layer will be defined or be excluded, when the whole reservation was mainly targeted at them, as plainly told by Mr Chagan Bhujbal to the media, when he demanded the criterion of 3 lakhs to be increased, that when a person earning 3 lakhs enters the highest slab of tax payment ie 30%. Most likely- and i speculate that the rules will be watered down or verification will hardly be enforced , but time will tell.

Arjun Singh the Education minister, a Rich leader from a Princely family batting for the OBCs says “This is very historic judgment. Hundreds of students belonging to OBC category will be benefited by it,I feel vindicated. I have been fighting for this when I was the Chief Minister of Madhya Pradesh. People have misunderstood reservation,” said Singh after the court’s decision.

Funnily CPIM a communist party which is supposed to be anti religion is also for it as published in its unofficial mouthpiece the Hindu.

Ive continued this discussion in my next post on the need for reservation in my next post

Govt policy and Aam Admi Post

Blogs on the quota issue :YouthForEquality BarbarIndian, Kautalyas Algorithm and the contrarian OBCvoice.

Related reading: 2006 Indian anti-reservation protests, Reservation in India, Mandal Commission, Devils Advocate with Arjun Singh, Creamy layer as defined by the NCBC


13 thoughts on “Quota Conundrum : SC opens the Quota Floodgates!

  1. does not matter dude….
    1) a lot many institutes are opening up and today anybody who wants to become a doctor/engineer can become so… so getting a degree is no problem.
    2) the foreign education has become really affordable.. if govt tightens the norms bit more, everybody esp from the creamy layer will migrate

  2. things are not as easy as you think ankur
    the genuinly middle class intelligent non obc still cant afford forein/western education
    which creamy layer
    obc or non obc?

  3. Good post Prax. A neat summing up, reasearch and analysis.
    Even I am wondering as to how they are going to decide the creamy layer. In any case there are going to be people who are going to be forging certificates. It is not as if they bar is low. A major’s child is allowed but a colonel’s isn’t! So I am not sure what they are trying to do.
    I too think the minority quota thing will happen but I don’t know if they can do it in election year.
    Anyway thank God that the creamy layer is out! Until now the reservation policy was nothing but revenge for past atrocities. No country can call itself just or civil if laws start taking revenge. By this logic many groups will want the law to take revenge on their behalf.

  4. yes, but i still dont know if/how the creamy layer element will be dealt with

    revenge for past atrocities – those easily blamed on the brahmins, just because of access restrictions to temples
    this is passe cause i do think a lot of the people who got the obc tag are those that did the autrocities most and were members of ruling clans, those that were in control and called the shots

  5. I think the whole of India would enter a state in which Tamil Nadu is right now, and that too very soon. Most of the General class people have fled TN as there is nothing left for them here. I wonder how much they can push the limit?

  6. Amit,
    well they will push as hard as they can, even the BJP is for quota – so there is general acceptance of that system…
    the IUML , the islamists n bunch wont mind until their minority institutions are left untouched
    Merit will be the casualty in it all.
    As in the big agricultural loan waiver – the 60000 crores worth the intended parties will almost never benefit, instead rich obcs will benefit while the poor still languish –
    All in all improving quality of basic education for the masses will be all but forgotten for such quick fix stunts.
    Populism is in vogue these days – not fixing the real problem, but doing a spectacular magic trick- plus who wants an intelligent electorate ?

  7. by creamy layer I mean the upper caste brahmins and shatriyas.

    US universities just want Indians esp for PG and PHD studies. colleges are ready to give scholarships and US banks are more than ready to give a loan (without the parents being even a co-signer)
    that is why you would have realized that except MBA, the quality of PG education in india is steadily declining.
    if such draconian rules persist maybe soon bright fellows might migrate abroad for UG and MBA studies.

  8. interesting ankur
    hope a lot of Indians benefit

    in maharashtra the kshatriyas are Marathas
    they are in the obc list

    but so far as the US student loans are concerned
    they are the worst kind of loans, where you cant claim bankruptcy or renegotiate , as banks hold all the cards

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