The Supreme Court on Monday refused to stay the Andhra Pradesh High Court order quashing 4.5 per cent sub-quota for minorities in central educational institutions like IITs and ticked off the Government for the way it has handled the “complex” and “sensitive” issue. The apex court expressed its “unhappiness” that the Centre failed to produce documents to support its case.

Without issuing any notice, a Bench of justices K S Radhakrishnan and J S Khehar asked Attorney General G E Vahanvati to produce before it the supporting documents on the issue by Tuesday and posted the matter for hearing on Wednesday. The bench further asked on what basis and how government determine 4.5 percent sub-quota for minorities.

The Attorney General sought some protection in view of the ongoing counselling for IITs for which 325 candidates have qualified for it and their career and future could be jeopardised if they are not allowed to appear for the counselling.

The high court on May 28 had held that the Centre acted in a “casual manner” in granting the 4.5 percent sub-quota.It had said the Office Memorandum (OM) creating the

sub-quota was based on religious grounds and not on any other intelligible consideration.

The December 22, 2011 OM for a sub quota of 4.5 percent for socially and educationally backward classes of citizens belonging to minority communities out of the 27 percent reservation for OBCs in central educational institutions and jobs was announced by the Centre ahead of the Assembly elections in five states including Uttar Pradesh and Punjab.