LAWS(APH)-2012-5-1

R KRISHNAIAH Vs. UNION OF INDIA REPRESENTED BY ITS SECRETARY GENERAL ADMINISTRATION DEPARTMENT NEW DELHI

Decided On May 28, 2012
R.KRISHNAIAH Appellant
V/S
UNION OF INDIA, REPRESENTED BY ITS SECRETARY,GENERAL ADMINISTRATION DEPARTMENT, NEW DELHI Respondents

JUDGEMENT

(1.) The challenge in this batch of writ petitions is to two Office Memoranda, both dated 22.12.2011. There is also challenge to a Resolution dated 22.12.2011 which relates to one of the Office Memoranda.

(2.) The first Office Memorandum (for short the first OM) and the accompanying Resolution concern the Central Educational Institutions (Reservation in Admission) Act, 2006 (hereinafter referred to as 'the CEI Act'). The first OM and the Resolution carve out, with effect from 1.1.2012, a sub-quota of 4.5% for socially and educationally backward class of citizens belonging to minorities, for reservation in admission in some central educational institutions. The carving out is from the 27% reservation for Other Backward Classes (OBCs) who are entitled to reservation in admission to central educational institutions. In other words, OBCs having 27% reservation have been broken up into two segments: one segment of 22.5% reservation for OBCs and the second or balance segment of 4.5% reservation for socially and educationally backward class citizens belonging to minorities.

(3.) The grievance of the petitioners relates to the following paragraph of the first OM and the Resolution: