In a landmark judgment, the Apex Court has refused to stay the decision of Andhra High Court quashing 4.5 per cent sub-quota for minorities from among the 27 per cent quota for OBC. The Union Ministry of Human Rights had made an appeal to the Apex Court against the verdict of the High Court but met with a flake. The objection of the Supreme Court Bench hearing the case was that the Government had not been able to produce the papers that would show that sub-quota was processed in a manner that met its legal and administrative requirements. It asked how could the HRD Ministry break the approved 27 per cent quota for OBC and fix 4.5 per cent out of it as sub-quota. The Apex Court observed that the action clearly reflected that the intention behind making sub-quota was to cater to the interests of a specific religious minority. This, the Bench observed, could be a bad practice and might lead to many complications. The Bench observed that the decision of carving out the sub-quota was taken”casually” as was indicated by the Andhra Pradesh High Court in its judgment. It was taken at a time when elections to the assemblies in some States including UP were afoot and thus reflected on secular credentials of the Government.
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