New Delhi: The Supreme Court on Monday refused to stay the Andhra Pradesh high court order quashing the 4.5% reservation for minorities within the 27% OBC quota in the central educational institutions such as IITs.

Expressing unhappiness over the way the government handled the issue, the apex court asked Centre to produce supporting documents for providing sub-quota to the minorities in next hearing, scheduled for Wednesday.

Moved by the ministry of human resources and development (MHRD), the UPA government has seeked an urgent stay on the operation of the HC verdict because the fate of over 300 students — who managed to gain admission to the IITs under the minority sub-quota — is currently hanging fire.

The appeal claimed that the HC had failed to appreciate that the carving out of 4.5% from the larger reservation of 27% OBC quota wasn't on the ground of religion, but was intended to ensure that certain "more backward sections" of the backward classes avail of benefits that they are currently unable to access.

The December 22, 2011 OM for a 4.5% subquota for socially and educationally backward classes of citizens belonging to minority communities out of the 27% 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.

The very use of the words "belonging to minorities" or "for minorities" indicates that the sub-quota has been carved out only on religious lines and not on any other intelligible basis, the bench observed while setting aside the sub-quota.