It was recently announced by Union human resource development minister, Arjun Singh that the OBC quota in centrally funded universities of India be implemented immediately. But it seems that the task is easier said than done.  Latest developments indicate that a notification can be issued only after the government gives a verdict on who exactly consists of the creamy layer and the cut-off mark for those seeking admission on the basis of OBC quota.

 

The HRD minister said that the question of who constitutes the creamy layer will be discussed at an appropriate forum to resolve the issue. He also signaled about raising the present income slab of Rs 2.5 lakh per annum. The Supreme Court has stated that what defines ‘creamy layer’ will be established as per the government notification of 1993 pursuant to the Mandal Commission judgment. As per the 1993 official memorandum, those with an income of Rs 2.5 lakh per annum fall in the creamy layer section.

 

Furthermore, HRD Minister Arjun Singh also remarked that revising the definition of creamy layer would need discussion with the allies of the Congress. On the question of deciding cut-offs for OBC students, Justices Arijit Pasayat and CK Thakker have suggested that the difference in cut-off between OBC candidates and general students should not be above five per cent. Justice D Bhandari, on the other hand, stated that it should not be more than 10 per cent. This requires the government to move a clarificatory petition in the Supreme Court for its direction on the cut-off mark.

 

The Congress has not yet begun discussion with allies on the OBC quota issue. On the other hand, even law officers have not formally passed on their opinion on the judgment to the government. Solicitor General, GE Vahanvati is abroad and so the discussion can begin only after his returns on 17 April.  Sources say that the institutes are waiting for the government to advise them on the future course of action. This decision to wait was given following the Congress’ statement that the new reservation regime would include postgraduate institutes.