SC clarifies admission norms for OBCs

Eligibility marks 10 pc less than general category

The bench of Justices R V Raveendran and A K Patnaik explained the meaning of cut-off marks used by the Constitution bench in clarifying its verdict of 2008 upholding the validity of Central Educational Institutions (Reservation in Admission) Act, 2006, that provided 27 per cent quota for OBCs.

“The order dated 14.10.2008 means that where minimum eligibility marks in the qualifying examinations are prescribed for admission, say 50% for general category candidates, the minimum eligibility marks for OBCs should not be less than 45% (that is less 10% of 50).”

“The minimum eligibility marks for OBCs can be fixed at any number between 45 and 50, at the discretion of the institution. Or, where the candidates are required to take an entrance examination and the qualifying marks in the entrance examination is fixed as 40% for general category candidates, the qualifying marks for OBC candidates should not be less than 36% (that is less 10% of 40),” the bench said.

It, however, said the eligibility criteria for OBC students would not be decided on the basis of last cut-off marks of general category students.

The order seeks to lay at rest the confusion with regard to varying eligibility criteria being used by different institutes and universities for admission of OBC students.

The order came on a petition filed by former IIT-Madras professor P V Inderesan seeking direction to remove the discrepancies in implementation of 27 per cent OBC quota in different educational institutions.

The bench said, OBC seats would be reserved for the candidates of that category only and would not go to general category students in future.

However, it allowed the institutes to go ahead with admission for current session of 2011-12 if they had already determined the ‘cut-off marks’ for OBCs for admission with reference to the marks secured by the last candidate in the general category.

“Only if OBC candidates possessing the minimum eligibility/qualifying marks are not available in the OBC merit list, the OBC seats shall be converted into general category seats. If the last date for admissions has expired, the last date for admissions shall be extended till 31.8.2011 as a special case, to enable admissions to the vacant OBC seats,” the Court said.