Supreme Court Upholds Manipur University's Decision To Reduce SC Quota To 2%, OBC Quota To 17% & Increase ST Quota To 31%

The Supreme Court has dismissed an appeal against Manipur High Court's order upholding the decision of Manipur University to reduce reservation in admission for Scheduled Caste candidates from 15% to 2%, OBC quota from 27% to 17% and increase for Scheduled Tribes candidates from 7.5% to 31%, in terms of amendment to the Central Educational Institutions (Reservation in Admission) Act 2006. A Bench comprising Justice Nageswara Rao and Justice Hima Kohli has issued the direction in an appeal challenging Manipur High Court's order which upheld the Central Educational Institutions (Reservation in Admission) Act, in 2012 under which the Manipur University was required to follow the reservation norms of 2% for the candidates belonging to Scheduled Caste [SC], 31% for the Scheduled Tribes [ST] and 17% for the Other Backward Classes [OBC] for purposes of admission in the University.Background of the Matter Respondent in the case- Manipur University- was originally established as a 'State University' and was following the Manipur State reservation policy of 2% seats for SC candidates, 31% for ST candidates. In 2005, the Respondent University was converted into a Central University and in 2007 by virtue of the Reservation Act, the reservation policy as prescribed in Section 3 of the Reservation Act i.e. 15% for SCs, 7.5% for STs and 27% for OBCs became applicable. By way of Amendment Act, 2012 the Respondent University reverted back to its old policy to follow the reservation norm of 2% for the Scheduled castes, 31 % for the Scheduled Tribes and 17% for the Other Backward Classes. The appellants had challenged the reduction in quota for SC category candidates from 15% as prescribed in Section 3 of the Reservation Act to 2% and filed a Writ Petition in the High Court of Manipur. In the impugned judgement, a single judge had disposed of the plea noting that after the amendment of the Central Educational Institutions (Reservation in Admission) Act, 2006 in 2012 introduced by the Central Educational Institutions (Reservation in Admission) Amendment Act, 2012, Manipur University has to follow the reservation norm of 2% for the Scheduled castes, 31 % for the Scheduled Tribes and 17% for the Other Backward Classes. Arguments advanced The Amendment Act was challenged by the Appellants Before the Apex Court. The Counsel for the Appellants had argued that High Court had erred in taking the view that the Amendment Act would be applicable to a Central Educational Institution located in Manipur. It was submitted that the amendments brought about by the Amendment Act are only in respect of tribal States falling under the purview of the Sixth Schedule to the Constitution of India and not in respect of other States including a State like Manipur falling under "Specified north eastern region", defined in the amended Section 2 (ia) of the Parent Act [ Reservation Act]. It was further submitted that It was submitted that the intention of the Legislature in amending the Reservation Act by introducing the Amendment Act was not to make the amendments applicable to CEIs situated in nontribal States like the State of Manipur. The Union of India in response had submitted that the percentage of reservation for SC, ST and OBC candidates has been correctly pegged at 2%, 31% and 17% respectively for Court's Reasoning Rejecting the contention of the appellants, the judgment authored by Justice Hima Kohli peruses through the Statement of Object and Reasons of the Amendment Act, 2012 and 234th Report of the Parliamentary Standing Committee of Human Resources Development and notes that Central Educational Institutions particularly those situated in North-Eastern States which inhabit predominantly tribal population had expressed their inability to reduce the extent of reservation of seats for SCs and STs for ensuring reservation of 27% of the seats for the OBC category, as stipulated in the Reservation Act. The Court notes: "we do not intend to take notice of the said Report with an idea of determining the extent of reservation for SC and ST candidates in the light of the amendment by way of insertion to Section 3 of the Parent Act. However, the said Report can be treated as a useful tool to fathom the background in which the Amendment Act was introduced and throw light on what had weighed with the legislating authorities in proposing the amendments to the Reservation Act." (Para 25) It further notes: "It can be discerned from the Statement of Objects and Reasons appended to the Amendment Bill, the background notes submitted to the Standing Committee by the Department of Higher Education and the 234th Report tabled by the Standing Committee in the Parliament that some of the CEIs, in particular those situated in North Eastern States having a predominant tribal population, expressed their inability to reduce the extent of reservation of seats for SCs and STs for ensuring...

Supreme Court Upholds Manipur University's Decision To Reduce SC Quota To 2%, OBC Quota To 17% & Increase ST Quota To 31%

Srishti Ojha & Sneha Rao

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