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Ban on strike applies to quota supporters too: SC
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June 12, 2006 15:14 IST

The Supreme Court on Monday clarified that its order dated May 31, 2006 banning all sorts of protests, demonstrations, strikes and agitations applies equally to the supporters of the reservation policy of the government providing 27.5 per cent reservation to OBCs in admission to educational institutions.

The Quota Stir: Complete Coverage

The clarification was issued by the Supreme Court on an application filed by Resident Doctors Association of All India Institute of Medical Sciences and Maulana Azad Medical College complaining that on June 4 pro-reservation activists held a demonstration at India Gate while on last Friday they formed a human chain in Pune where the entire traffic came to a standstill.

Doctors pleaded that the ban should be applicable to all and told the court that doctors called off their strike in view of the orders and medical services were restored immediately but the government was not stopping pro-reservationists from holding demonstrations and agitations.

Quotas and the notion of merit

A vacation bench comprising Justices Arijit Pasayat and Altamas Kabir made it clear, ''The order of this court dated May 31, 2006 applies to everyone.'' The Central government on Monday also filed a status report saying since health services have already been restored, no further orders needed to be passed.

With Monday's clarification, the OBC doctors and students supporting the reservation policy of the government have also been debarred from resorting to any demonstration, strike or any other form of protests.

Income, not caste is the issue

It may be noted that the Resident Doctors Association have already moved an application seeking review of the Mandal Commission report which recommended reservation for OBCs on the basis of assessment that they comprised 52 per cent of the total population of the country.

According to doctors, the assessment of Mandal Commission is totally wrong and without any basis. The apex court has already directed the Central government to explain the basis for determination of OBCs and the norms adopted for implementing the reservation policy.

'One has to cater to market's choice'

The Centre has also been directed to place on record the norms adopted for working out the modalities for enforcing the impugned order of Human Resources Development Minister Arjun Singh [Images] to implement the policy of reservation.  The court has also made it clear that it will also consider the contentions of the petitioner whether the caste-based policy of reservation shall not divide this great country along caste lines.

The court has, however, repeatedly refused to take the impugned order of Mr Singh and assured all the parties concerned that it will take care of interests of all the affected parties.

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