New Delhi: The Supreme Court on Wednesday said
the government has a constitutional duty to provide special
care to Scheduled Caste and Scheduled Tribe students even in
institutions of higher learning like IITs and IIMs to help
them compete with general category candidates and creamy layer
principle would not apply to them.
A three-judge bench of Chief Justice K G Balakrishnan,
Justices P Sathasivam and B S Chauhan said the creamy layer
principle would not apply to SC, ST candidates and they
deserved to be extended additional coaching facilities to help
them successfully complete their IIT and IIM courses.
"It is not in dispute that SC and ST are separate
class by themselves and the creamy layer principle is not
applicable to them. Article 46 of the Constitution of India
enjoins upon the state to promote with special care the
educational and economic interests of the weaker sections of
the people and protect them from social injustice and all
forms of exploitation.
"These socially and economically backward categories
are to be taken care of at every stage even in the specialized
institutions like IITs. They must make all endeavour by
providing additional coaching and bring them up at par with
general category students," Justice P Sathasivam writing the
judgment said.
The apex court passed the judgement while disposing
off an appeal filed by six SC, ST students challenging the
decision of IIT, Delhi, to expel them from the course on
account of poor performance.
The apex court said the authorities at the Delhi IIT
did not permit the SC, ST students to attend the special
summer coaching classes and as a result the students got less
marks culminating in their expulsion.
"If we analyze the credits (points) secured by these
petitioners with a requirement of minimum credits in the first
two years by permitting them to avail summer course and by
conducting extra/additional coaching or training including in
English subject, it would be possible for them to cross the
minimum required credits to attend third year and so on", it
said.
Avinash Singh Bagri and five others had moved the apex
court complaining that most of the Scheduled Caste and
Scheduled Tribe students, who have been given admission in
IIT, Delhi, are being denied the right to pursue their studies
by the institution on the ground of poor performance and such
students are being expelled and their admissions cancelled
after one year or two years.
"Though the first respondent (Registrar IIT Delhi) has
specifically denied that there is any discrimination on the
basis of caste or any complaint was made to the appropriate
authority, the fact remains that additional/extra efforts were
not fully afforded to these students in order to compete with
the general category students and also secure the minimum
required credits in first and second year,” the apex court
said.
Hence it directed the IIT, Delhi, management to consider
afresh the cases of the students in accordance with the rules.
According to the criteria fixed by IIT Delhi, a
student in general category must secure at least 20 credits
and a student in SC/ST/OBC category must secure at least 16
credits at the end of the 2nd semester, failing which his/her
registration would be terminated.
In the second year, a student in general category must
secure at least 50 credits while SC/ST/OBC category student
must secure 46 credits at the end of 4th semester, failing
which his/her registration would be terminated. A student’s
registration may be terminated at the end of the 3rd year, 4th
year or 5th year if he/she fails to earn at least 84, 120 or
156 credits respectively.
The petitioners had contended that in spite of
providing reservation in higher education like medical and
engineering streams, no coaching or any other facilities are
provided to SC/ST/OBC candidates to enable them to compete
with other general category students, as a result of which,
more than 90 per cent of SC/ST/OBC students drop out from
these courses in first year or second year.
As a result, reserved seats in higher courses are
lying vacant and unfilled, they said.
In the year 2008, about 85 per cent reserved seats
remained unfilled in IITs. For the last ten years, in the
courses at IITs, about 90 per cent of SC/ST/OBC students are
either dropped or were declared as "failed" in the first year
or in the second year, they said.
"The reservation made by the central government/state
governments becomes redundant as no infrastructure is provided
to SC/ST/OBC candidates to enable them to acquire bench
marks," the petitioners' counsel D K Garg argued in the court.
Bureau Report
First Published: Wednesday, August 12, 2009, 20:31