First give foundation and then apply snowcem orders Superme Court

The Supreme Court on Thursday put some searching questions to the Centre for going ahead with quota in higher educational institutions without fully addressing the issue of elementary education for social empowerment of backward classes.

"Your (Centre’s) effort for higher education to backward classes would require lesser effort if you bring the elementary education among them to a level," a five-judge Constitution Bench headed by Chief Justice K G Balakrishnan observed.

"You reach higher level of education after you complete elementary education," the Bench said reminding the Centre that the anti-quota petitioners’ contention was why to spend Rs 36,000 crore for higher education for socially and educationally backward classes (SEBCs) if there was a failure to meet the target of elementary education.

The court wanted to know from the Centre what was the primary requirement for social empowerment of backward classes.

However, solicitor general G E Vahanvati said it was a question of priority and both of them could go together. "The attempt is to balance both elementary and higher education. Neither elementary nor higher education can be ignored," he said before the Bench which is examining the Constitutional validity of the law providing 27% quota for OBCs in the Central educational institutions.

"We are doing simultaneously and it is a permissible exercise," said the solicitor general, who faced a volley of questions from the Bench, said.

Mr Vahanvati said the Centre was committed for achieving the goal of universalisation of elementary education in partnership with the states and local bodies and that the 11th five-year plan has recognised the Sarva Shiksha Abhiyan (SAA) a part of the Constitutional mandate to provide free education to all.

However, the Bench was critical of the reduction of Centre’s share in fund for the purpose from 9th plan onwards. It was of the view that if the Centre spend funds for the elementary education, the benefit would be for the SEBCs.

“First give foundation to everyone in SEBCs before trying for higher education,” the Bench observed, adding that “there is an apprehension that foundation is not visible but snowcem is there”.

“First give foundation and then apply snowcem. You cannot reach first and second floor without making a ground floor,” the Bench observed emphasising that the foundation for achieving higher education was the elementary education.

The court wanted to know from the Centre about the fund allocation for infrastructure in village schools, most of which are without a roof. “What was the requirement of various states and what the Centre was providing,” the Bench said.

Justifying 27% reservation, Mr Vahanvati said Parliament has made provisions to ensure that it did not affect seats in the General category. Further, he said time limit cannot be imposed for the policy of reservation in admission or in employment.

“The policy of reservation flows from the mandate of equality and till the time the constitional objective of real equality is achieved, there is a Constituional mandate on the state to have special provisions in the nature for upliftment of backward class,” the solicitor general said.

(Via Indiatimes.)