The Supreme Court today questioned Central Government's decision to give 4.5 per cent Sub-Quota for minorities on the basis of religion in Central Educational Institutions out of 27 per cent reservation for OBCs.

While admitting Centre's petition in the matter, a Division Bench of Justices K.S. Radhakrishnan and J.S. Khehar refused to stay the Andhra Pradesh High Court order quashing the decision. The Bench before which the Human Resource Development Ministry placed the relevant and supporting documents forming the basis for the Sub-Quota, questioned whether classification can be made on the basis of religion.

The Apex Court added that Office Memorandum issued by the Government on 22nd of December, 2011 did not have legislative support. The Additional Solicitor General, Gorab Banerjee strongly pleaded in support of the Sub-Quota, but the Court upheld the Andhra Pradesh High Court order. It noted that there is ambiguity in the calculation for carving out the sub-quota from the OBC quota.