New Delhi: The Supreme Court on Tuesday warned students agitating against the proposed reservation of Other Backward Classes in institutes of higher learning to call off their strike with immediate effect or face contempt of court.
The apex court said that on Monday it had made an observation urging the doctors to end their strike in the interest of the larger public good, hoping better sense would prevail.
However, the court has now made clear it was taking the matter very seriously and that the doctors would face contempt charges if the agitation is not immediately called off.
A vacation bench headed by Justice Arijit Pasayat and Justice L S Panta also said the decision was arrived at keeping in mind the welfare of the patients who were bearing the brunt of the strike.
"We specifically said yesterday, for larger public interest, the ongoing strike should be called off. On the
contrary, opposite is going on. We are not concerned at this stage about the Government policy. We are concerned at this stage about the plight of the people," the Bench said.
The apex court said since the matter was sub-judice, no comment, protest and agitation on the issue would amount to contempt.
The court also asked the Government to file a memorandum before it on Wednesday giving details of the latest position vis-a-vis the strike.
"We are told that they (agitating students) are continuing with the strike. If they are over-reaching our orders, they are in for a surprise. It can amount to contempt," the Bench said.
Youth for Equality - the umbrella organisation under which students are protesting - has called for a General Body Meeting to decide on the strike.
"We will respect the judiciary if it's an order, but we will arrive at a consensus only after a meeting with the forum's members. The agitation has now become a nationwide movement and we can't say anything before a meeting," Youth for Equality member Dr Amit says.
As the news about the SC order spread, agitating doctors from across India expressed their disappointment but did not comment on the future of the strike.
"We are disappointed by the decision. We are in the middle of the battlefield and can't turn around now. But we will decide on it only after a meeting," a Bangalore doctor says.
The Supreme Court on Monday had also issued a notice to the Centre asking it to explain the basis of its decision to implement 27 per cent reservation for OBCs.
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A vacation Bench comprising Justice Arijit Pasayat and Justice L S Panta asked the Government to answer three questions:
What is the basis of the norms for fixing the OBC category?
What is the rationale behind fixing it?
If the reservation is implemented, what are the modalities and the basis for modalities?
"These questions have serious social and political ramifications and this court will deal with it appropriately," the Bench said while deciding to examine the effect of implementing the policy.
The court sought replies within eight weeks from ministries of Social Justice and Empowerment, Human Resource Development, Science and Technology, Commerce, Health and Department of Statistics and Programme.
The court’s order came on the basis of petitions filed by advocate Ashoka Kumar Thakur and Shiv Khera challenging the validity of the Constitution 93rd amendment extending reservation for OBCs.
Additional Solicitor General Gopal Subramanian, who accepted the notice on behalf of the Centre, said the court has touched upon the core issue relating to reservation.
The Bench requested students on strike against the OBC quota to give up their agitation as the court had decided to examine the entire issue.
(With inputs from Ashok Bagariya, Neelu Vyas and Shwetal Kamlapurkar)
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