New Delhi, May 16
The UPA government’s stand on quota for OBCs in central educational institutions (CEIs) was today vindicated, with the Supreme Court vacating the May 14 order of the Calcutta High Court, which had stayed the OBC reservation in the postgraduate courses at the IIM-Calcutta.
The apex court’s order implies that the government can now implement its quota policy with respect to admissions to the CEIs in the current academic session. The order also puts to rest apprehensions related to delay in admissions from the current session. The admissions will, however, be provisional and subject to directions passed by the Supreme Court on the petition filed in the matter by the government, and related petitions in other courts.
On the Centre’s petition seeking the transfer of all quota-related cases to the Supreme Court, the apex court today also issued a notice to petitioners, who have challenged the government’s memorandum on quota implementation in the high courts of Delhi, Calcutta and Bombay.
Soon after the three-Judge Bench headed by Chief Justice K.G. Balakrishnan vacated the stay ordered by the Calcutta High Court today, union human resource development minister Arjun Singh said there never was any cause for confusion on the issue.
“The April 10 judgement of the Supreme Court is clear on quota and does not prevent its implementation in postgraduate courses. The matter surfaced only in the wake of Calcutta High Court’s order, on
which we have got a stay,” said a vindicated HRD minister, adding that admissions would go on as planned.
Earlier, the government today contended in the Supreme Court that the matter of OBC reservations stood concluded in the Supreme Court judgement, and the high court had no jurisdiction to re-adjudicate it. On the issue of postgraduate courses, it said the CEI (Reservation in Admission) Act, 2006, provides for the implementation of 27 per cent reservation for OBCs in postgraduate courses, and there was no confusion on the matter. In its April 10 judgement, the Supreme Court had held the CEI Act as constitutionally valid, subject to the exclusion of creamy layer.
Hearing the government’s contention and vacating the stay imposed by the Calcutta High Court, Chief Justice K.G. Balakrishnan said today, “We can’t allow the Calcutta High Court order to operate.” The Bench also said when the Supreme Court had upheld the constitutional validity of the Act providing reservation for OBCs, where was the question of the high court staying its implementation.
With the vacation of stay by the Supreme Court today, decks have been cleared for the implementation of the 27 per cent OBC quota in all CEIs. The government has already held meetings in this regard with heads of central institutions, most of which are in favour of 18 per cent OBC quota in the current academic session, and its gradual progression over the years.
Meanwhile, the expenditure and finance committee of the government has approved and recommended an outlay of Rs 10,328 crore for the development of infrastructure in central universities, management and technical institutions. The funds, say ministry sources, will facilitate the expansion of seats in the CEIs by 54 per cent to accommodate students who will arrive in the wake of the 27 per cent OBC quota.
