Thursday, July 27 2006 10:58 Hrs (IST) - World Time -

New Delhi: The Centre has told the Supreme Court that it was yet to take a final decision on 27 per cent reservation for OBCs in educational institutions under it and the contours of the policy were rpt were still being examined within the Government.

"There is as yet no final decision with regard to policy of reservation in matters of admission in institutions under the Central Government and that any such decision can be implemented, in terms of the requirement of Article 15(5), only by an appropriate law enacted by Parliament," the Centre said in an affidavit filed in the court in response to a PIL challenging its move to give 27 per cent reservation to OBCs.

The policy on OBC reservation was only a proposal and "even if a draft legislative Bill is finalised, the same would be subject to debate and passage in Parliament", it said.

Terming the petition by one Ashok Kumar Thakur as 'premature and improper', the Centre requested the court to dismiss it for having asked the court to intervene in the executive's prerogative to examine and formulate public policy options as also in the privilege of Parliament as the legislature to make appropriate laws for the purpose.

On the creamy layer issue in reservation, the Government said it was currently being debated and a decision is yet to be taken on whether the concept of 'creamy layer' is applicable in the context of access to higher education as it is in matters of employment. It denied that Mandal Commission inflated the OBC population figure to recommend higher reservation for them.

"It also objected to the petitioner bringing up the issue of reservation for employment in the private sector saying there is no policy decision as yet in regard to reservation in private sector jobs. Such a policy has never even been formally proposed by the government," it added.