Date:16/05/2008 URL: http://www.thehindu.com/2008/05/16/stories/2008051660061200.htm

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Calcutta High Court stay on OBC quota in IIM-C challenged

J. Venkatesan

Supreme Court to hear Union government’s petition today

New Delhi: The Supreme Court will hear on Friday a petition filed by the Centre challenging an interim order passed by the Calcutta High Court staying the implementation of the 27 OBC quota law in IIM-Calcutta for the academic year 2008-2009.

A Bench of Chief Justice K.G. Balakrishnan and Justice M.K. Sharma agreed to hear the petition during ‘mention’ time when Solicitor General G.E. Vahanvati informed the court about the ex parte stay.

The Centre in its transfer petition said a Constitution Bench of the apex court by its judgment dated April 10 held that the quota law was valid and that the creamy layer should be excluded. It said “the quantum of reservation of 27 per cent of seats to OBCs in educational institutions provided in the act is not illegal. The Act is not invalid for the reason that there is no time limit prescribed for its operation but a majority of the judges were of the view that a review should be made as to the need for continuance at the end of five years.”

It said that after the judgment the government issued an office memorandum on April 20 to provide for quotas for OBCs in admission to IIMs. Petitions had been filed in Delhi, Calcutta and Bombay High Courts challenging the memorandum and the Calcutta High Court had stayed it.

The Centre said these petitions were filed only with the intent of frustrating the ongoing process of admissions in central educational institutions for the coming academic year despite the judgment of the apex court validating the Act.

The motive was to see that the implementation of the reservation policy was delayed as long as possible. Though the petition was against the office memorandum, the hidden agenda was to challenge the provisions of the Act stating that some of the points argued by counsel for the parties were not considered by the apex court.

The Centre apprehended that similar petitions would be filed in other High Courts. Hence the present petition seeking transfer of the writ petitions filed in the three High Courts to the apex court and an interim direction to suspend the order passed by the Calcutta High Court so that it could proceed with admission in the IIM-C.