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2022 (1) TMI 1373 - SC - Indian LawsRequirement to follow the reservation norms of 2% for the candidates belonging to Scheduled Caste SC , 31% for the Scheduled Tribes ST and 17% for the Other Backward Classes OBC for purposes of admission in the University on introduction of the Central Educational Institutions (Reservation in Admission) Amendment Act, 2012. HELD THAT - It is no longer res integra that Reports and recommendations made by the Parliamentary Committees/Commissions that precede enactment of a Statute can be used as external aids to interpret the meaning of ambiguous words in a statutory provision wherever considered necessary. It can also be taken note of as to the existence of a historical fact. At the same time, it must be borne in mind that such Reports are not decisive and a Court is free to arrive at a different conclusion based on its own findings and other evidence produced by the parties - It can be discerned from the Statement of Objects and Reasons appended to the Amendment Bill, the background notes submitted to the Standing Committee by the Department of Higher Education and the 234th Report tabled by the Standing Committee in the Parliament that some of the CEIs, in particular those situated in North Eastern States having a predominant tribal population, expressed their inability to reduce the extent of reservation of seats for SCs and STs for ensuring reservation of 27% of the seats for the OBC category, as stipulated in the Reservation Act. It can also be seen that the provisions of the Reservation Act as they stood, exempted CEIs situated in tribal areas referred to in the Sixth Schedule to the Constitution, from making any reservation for SCs and STs, which as a matter of fact, was not the object behind introducing the enactment. It has been held in the impugned judgment that the Respondent No. 1 - University was correct in calculating the extent of reservation of seats in making admissions to different courses, viz., 31% for ST candidates, 2% for SC candidates and 17% for OBC candidates which is in line with the mandate of the Amendment Act. Once the two provisos were inserted in Section 3 of the Parent Act by virtue of the Amendment Act, the general norms of reservation as laid down in Clauses (i), (ii) and (iii) of Section 3 of the Parent Act had to be restricted in terms of the said provisos. While the first proviso deals with State seats , if any, in a CEI situated in tribal areas referred to in the Sixth Schedule to the Constitution, the second proviso addresses a situation where there are no State seats in a CEI and the seats reserved for the SC/ST candidates exceeds the percentage specified under Clauses (i) and (ii) of Section 3 (viz., 15% seats for SCs plus 7.5% for STs, totalling to 22.5% seats) or if the combined seats reserved for the SC and ST candidates exceeds the sum total of the percentage as specified under Clauses (i) and (ii). Two riders have also been dovetailed in the second proviso to Section 3, namely Clauses (a) and (b). The reference point of the period for determining the reservation quota for OBC candidates must be the same as that of the SC and ST candidates for the simple reason that for working out the reservation quota for OBC candidates would necessarily require one to find out in the first instance, as to what would be the difference between 50% of the annual permitted strength and the combined existing percentage for the SC and ST candidates, as obtained on the date immediately preceding the date of commencement of the Reservation Act. Both the issues are so interlaced that to determine the percentage of reservation for OBC candidates, one would have to undertake an exercise of determining the percentage of seats to be reserved for SC and ST candidates, all within the four corners of the second proviso inserted in Section 3 of the Parent Act - the general Rules of reservation have been encapsulated in Clauses (i), (ii) and (iii) of Section 3 of the Parent Act. But when it comes to CEIs established in States falling under the definition of Specified north eastern region , categorized in Section 2(ia) introduced by the Amendment Act, the two new provisos appended to Section 3 would govern the norms of reservation which prescribes a different criteria, vis- -vis the main provision and would apply irrespective of whether they are situated in areas covered by the Sixth Schedule to the Constitution or not. After amendment of the Reservation Act, the Respondent No. 1 - University had to follow the reservation norms of 2% for SC candidates, 31% for ST candidates and 17% for OBC candidates which is in consonance with the second proviso to Section 3 of the Reservation Act inserted by virtue of the Amendment Act - the present appeal fails and the impugned judgment is upheld - Appeal dismissed.
Issues Involved:
1. Applicability of the Central Educational Institutions (Reservation in Admission) Amendment Act, 2012 to Manipur University. 2. Determination of the percentage of reservation for SC, ST, and OBC categories in Manipur University. 3. Validity of Ordinances 5.2 and 5.4 of Manipur University in light of the Amendment Act. 4. Interpretation of the second proviso to Section 3 of the Amendment Act. 5. Historical context and legislative intent behind the Amendment Act. Issue-wise Detailed Analysis: 1. Applicability of the Central Educational Institutions (Reservation in Admission) Amendment Act, 2012 to Manipur University: The Supreme Court confirmed that the Amendment Act applies to Manipur University, which is located in the "Specified north eastern region" as defined in the amended Section 2(ia) of the Parent Act. The Court rejected the argument that the amendments were only directed towards tribal States covered by the Sixth Schedule to the Constitution, affirming that the amendments encompass the State of Manipur. 2. Determination of the percentage of reservation for SC, ST, and OBC categories in Manipur University: The Court upheld the High Court's decision that Manipur University must follow the reservation norms of 2% for SC candidates, 31% for ST candidates, and 17% for OBC candidates. This determination is based on the percentages existing immediately before the commencement of the Reservation Act, as stipulated by the second proviso to Section 3 of the Amendment Act. The Court emphasized that the intention of the Amendment Act was to address the unique demographic composition of the North Eastern States, which includes a substantial tribal population. 3. Validity of Ordinances 5.2 and 5.4 of Manipur University in light of the Amendment Act: The Court found that Ordinances 5.2 and 5.4, which prescribed different reservation percentages (15% for SC, 7.5% for ST, and 27% for OBC), were invalid as they did not conform to the Amendment Act. The University must adhere to the reservation norms specified in the Amendment Act, and any other norms not conforming to this are invalid. 4. Interpretation of the second proviso to Section 3 of the Amendment Act: The Court clarified that the second proviso to Section 3 of the Amendment Act should be interpreted to mean that the reservation percentages for SC and ST candidates should be based on the figures existing immediately before the commencement of the Reservation Act. This interpretation aligns with the legislative intent to protect the interests of ST candidates in the North Eastern region and to ensure that the overall reservation does not exceed 50%. 5. Historical context and legislative intent behind the Amendment Act: The Court referred to the Statement of Objects and Reasons appended to the Amendment Bill and the 234th Report of the Parliamentary Standing Committee on Human Resources Development. It noted that the Amendment Act was introduced to address practical difficulties faced by Central Educational Institutions in the North Eastern States in implementing the Reservation Act. The amendments aimed to reconcile the 50% cap on reservation for SC/ST candidates with the 27% quota for OBC candidates, recognizing the substantial tribal population in these regions. Conclusion: The Supreme Court dismissed the appeal, upholding the High Court's judgment that Manipur University must follow the reservation norms of 2% for SC candidates, 31% for ST candidates, and 17% for OBC candidates as per the Amendment Act. The Court emphasized that the amendments were designed to address the unique demographic composition of the North Eastern States and to ensure that the reservation percentages for SC and ST candidates are based on figures existing immediately before the commencement of the Reservation Act.
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