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2008 Supreme(SC) 1500

Supreme Court of India
K.G. BALAKRISHNAN, CJI., DR. ARIJIT PASAYAT, C.K. THAKKER, R.V. RAVEENDRAN AND DALVEER BHANDARI, JJ.
P.V. INDIRESAN AND OTHERS - Petitioners
Versus
UNION OF INDIA - Respondent
IA No.3 in WP (C) No. 35 of 2007 and IA No.4
Decided on : October 14, 2008

Act Referred

CENTRAL EDUCATIONAL INSTITUTIONS RESERVATION IN ADMISSION ACT : S.3
CONSTITUTION OF INDIA : Art.15(5)

Headnote

Education law – Admission in Central institutions – Cut-off marks for OBC students – Clarified, maximum cut-off marks for OBCs be 10% below the cut-off marks of general category candidates – Seats meant for OBC remaining vacant – Institutions directed to endeavour to fill up these vacant seats by other eligible students. (Para 2, 3)

Advocates appeared:
K.K. Venugopal, Senior Advocate (Gopal Sankaranarayanan, Ankur Talwar and Vikas Mehta, Advocates) for the Petitioners;
G.E. Vahanvati, Solicitor General of India (A. Subba Rao, A. Mariarputham, Sushma Suri and Nikhil Nayyar), Advocates, for the Respondent.

ORDER

1. The applicants have prayed for two reliefs in this application. This application is an offshoot of the judgment passed by the Constitution Bench of this Court on 10-4-2008.

2. A question had been raised in this application as to what should be the extent of cut-off marks for admission of students of OBCs in the Central a educational institutions. Having heard the learned Solicitor General of India and learned Senior Counsel on both the sides and also having regard to the observations made in the judgments pronounced by this Court, we make it clear that the maximum cut-off marks for OBCs be 10% below the cut-off marks of general category candidates.

3. We are told that in many of the Central educational institutions the b seats which are to be filled up by OBC candidates are still remaining vacant.

These institutions may endeavour to fill up these vacant seats by other eligible students at the earliest i.e. at least by the end of October 2008 observing inter se merit of the candidates. All other rules and regulations regarding admissions shall be strictly followed. The application is disposed of accordingly.

4. List in the third week of November 2008.

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