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The Supreme Court has held that SC, ST candidates must be provided with all facilities to enable them to compete with general category candidates in specialised institutions like the IITs. A Bench comprising Chief Justice K G Balakrishnan, Mr Justice P Sathasivam and Mr Justice B S Chauhan, in a 26 page judgment today directed IIT, Delhi to reconsider the cases of six SC ST students who were expelled on account of their failure to score minimum grade for promotion to third year . Justice Sathasivam, speaking for the Bench, noted, ‘it is not in dispute that SC and ST students are a separate class by themselves and creamy layer principle is not applicable to them. Article 46 of the Constitution of India enjoins upon the state to promote with special care the educational and economic interests of the weaker sections of the people and protect them from social injustice and all forms of exploitation. These socially and economically backward categories are to be taken care of at every stage even in the specialised institutions like IITs. They must take all endeavor by providing additional coaching and bring them up at par with General category students. ‘Accordingly, we direct the first respondent to consider there case afresh in the light of various aspects mentioned above. ‘We make it clear that first respondent IIT, Delhi is free to pass appropriate order by considering all aspects mentioned above including the policy of the Government of India in providing reservation to bring them in the mainstream along with others.’ Petitioner Avinash Singh Bagri and others had approached the apex court after they were expelled from B.Tech by IIT, Delhi in 2008.
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