(1.) Competing claims of reservation, the Other Backward Classes who are the petitioners and the Scheduled Castes/Scheduled Tribes whose cause is represented by the respondent-Babasaheb Bhimrao Ambedkar University and defended by the intervenors of the same category, has brought forth at the forefront another issue of social dimension, namely the right to get admitted against a fixed reserve quota in an educational institution imparting higher education.
(2.) Writ Petition No.9643 (MB) of 2016 is by an association arrayed as petitioner No.1 professing to espouse the cause of students aspiring to seek admission in the respondent-university by way of reservation under the Other Backward Classes (OBC) category. The petitioner Nos.2 to 15 claim themselves to be of the Other Backward Classes and urge that 27% quota reserving seats for admission in the respondent-Babasaheb Bhimrao Ambedkar University be implemented and to that extent, provisions of Clause 9 of Chapter VII of the First Academic Ordinances of the University be declared as ultra vires the provisions of Section 3 of the Central Educational Institutions (Reservation in Admission) Act, 2006 (Act No:5 of 2007), hereinafter referred to as the 2006 Act. It is also urged that the percentage of reservation as fixed in Section 3 of the 2006 Act be directed to be implemented for which an interpretation is sought from this Court to read the provisos added to Section 3 in the 2006 Act by the amendment inserted under the Central Educational Institutions (Reservation in Admission) Amendment Act, 2012, hereinafter referred to as the 2012 amending Act so as to give effect to 27% reservation in favour of OBC's. It is urged that denying reservation as already provided for under the main Section 3 of the 2006 Act which has neither been repealed nor rescinded, the same amounts to curtailing the rights of the petitioners that was constitutionally enabled under Article 15 (5) of the Constitution of India. It is therefore urged that the said provisos added by the 2012 amending Act be read in a manner so as to give effect to the reservation of 27% to the Other Backward Category candidates that has been entirely denied by the respondent-University under the garb of the said provisos as well as the provisions of reservation made under the First Ordinances referred to here-in-above for Scheduled Castes and Scheduled Tribes.
(3.) Another Writ Petition No.15259 (MB) of 2016 has been filed raising the same issue but this writ petition is by an individual.
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