LexP.V. INDIRESAN versus UNION OF INDIA & ORS.
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A B [2011] 10 S.C.R. 384 P.V. INDIRESAN v. UNION OF INDIA & ORS. (Civil Appeal No. 7084 of 2011) AUGUST 18, 2011 [R.V. RAVEENDRAN AND A.K. PATNAIK, JJ.] Central Educational Institutions (Reservation in Admission) Act, 2006 - Central Educational Institutions under C - Implementation of 27% reservation for other backward classes (OBC) - Direction "the maximum cut-off marks for OBCs be 10% below the cut-off marks of general category candidates" in the clarificatory order dated 14. 10. 2008 passed in *P. V. lndiresan's case, in regard to the decision of the o Constitution Bench in **Ashoka Kumar Thakur's case - Meaning and interpretation of - Held: Use of the words 'cut- off-marks' in the order dated 14. 10. 2008, does not refer to the marks secured by the last candidate to be admitted in general category or in any particular category, or to the minimum E marks to be possessed by OBC candidates, determined with reference to the marks secured by the last candidate to be admitted under general category - Order dated 14. 1o .. 2008 means that where minimum eligibility marks in the qualifying examinations are prescribed for admission, say as 50% for F general category candidates, the minimum eligibility marks for OB Cs should not be less than 45% (that is 50 less 10% of 50) and the same is followed in case of qualifying marks in the entrance examination. G H Words and Phrases: Cut-off marks' - Meaning of - Held: Term 'cut-off marks' in academic and judicial vocabulary has several meanings • P. V. lndiresan vs. Union of India 2009 (7) SCC 300; **Ashoka Kumar Thakur v. Union of India (2008) 6 SCC 1: 2008 (4) SCR 1. 384 P.V. INDIRESAN v. UNION OF INDIA & ORS. 385 - Words 'cut off marks' to refer to 'eligibility marks' or A 'qualifying marks', and their meaning would depend upon the context. Words in dictionary - Use of - Held: Lies in choosing the appropriate meaning to the word, with reference to the context 8 in which the word is used - All and every meanings given in a dictionary cannot be applied mechanically nor an inappropriate meaning that the word may carry can be chosen. The Constitution Bench of this Court in * Ashoka C Kumar Thakur vs. Union of India (2008) 6 SCC 1, upheld the constitutional validity of the Constitution (Ninety-third /Amendment) Act, 2005 as also the constitutional validity of the Central Educational Institutions (Reservation in Admission) Act, 2006 providing reservation of 27% of D ,seats to Other Backward Classes in the Central Educational Institutions. The petitioner filed an application in *A. K. Thakur's case alleging that some Central Educational Institutions E were interpreting the said decision contrary to the law laid down therein and sought certain directions/ clarifications. The Constitution Bench by an order dated 14.10.2008 (record of proceedings reported in ** P. V. lndiresan Vs. Union of India 2009 (7) SCC 300) disposed F of the application holding that the maximum cut-off marks for OBCs be 10% below the cut-off marks of general category candidates. Second respondent-Jawaharlal Nehru University interpreted the order dated 14.10.2008 to mean that the G minimum marks for admission to be secured by an CBC candidate should not be less than the marks secured by the last student admitted under general category less 10%. On that basis the admissions for 2008-09 and 2009- 10 were done and as a result, considerable number of H 386 SUPREME COURT REPORTS [2011] 10 S.C.R. A OBC seats got reverted to general category for non- availability of eligible OBC students with the required marks. T)lerefore, the standing committee on admissions of JNU, considered the ways and means to fulfill 27% quota for OBC students for 2010-11 and placed proposals B before the Deans Committee. On consideration of the said proposals, the Deans Committee of JNU resolved in regard to the admissions of OBC candidates for the academic year 2010-2011, to treat the minimum qualifying marks in the entrance exttminations as the cut-off to c provide maximum relaxation of 10% to OBC candidates (creamy layer exclu~ed) below the cut-off of general candidates. The Students Association issued notice to JNU that the change in the procedure for admissions to the seats reserved for OBCs proposed by the JNU was 0 contrary to the clarificatory order dated 14.10.2008. The Deans Committee decided to restore/continue the procedure that was followed
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