Why OBC quota for graduates? HC stays, HRD says will explain

Thu, May 15 02:35 AM

Acting on a petition which claimed the Human Resource Development Ministry had gone against the Supreme Court direction that graduates should not be considered for OBC reservation, the Calcutta High Court today stayed implementation of OBC quota in post-graduate courses at the Indian Institute of Management, Calcutta, and stopped interviews of OBC candidates scheduled for tomorrow.

Justice Maharaj Sinha, in an ex-parte interim order, granted a stay until June 9 on a petition by Syan Guha, a student who had qualified in the CAT. IIM-Calcutta director Shekhar Chaudhari conveyed this to HRD Minister Arjun Singh shortly after noon. By late evening, Ministry officials had conferred with legal counsels and decided to approach the Calcutta High Court for vacation of the stay order.

Sources said there was "no need" for the Government to approach the Supreme Court for a clarification on this matter, and instead it will present its point of view in Kolkata. Officials were of the view that this would not affect OBC quota roll-out in other institutions, and should be contained in the Calcutta HC itself.

"The Ministry's view is very clear: the argument that OBC quota should not be extended to graduates amongst OBCs is a view expressed by only one judge in the five-judge bench (of Supreme Court). The remaining two judges have given an advisory, and that too not for individual candidates. Rather, it is to be considered for a community and its educational status," sources told The Indian Express.

Sources said the interpretation that OBC graduates are not eligible for availing reservations is a "misplaced notion". "Does that mean OBC graduates, by virtue of being graduates, will not be entitled for reservations in jobs?" the sources pointed out. These arguments are likely to find a place in the HRD Ministry's affidavit which will be submitted to the Calcutta High Court.

Incidentally, Arjun Singh and Shekhar Chaudhuri were part of the first meeting of over 60 Centrally-aided higher educational institutions which was being held today at the Vigyan Bhavan in the Capital. The heads of all IIMs, IITs, Central universities and other higher educational institutions were called to Delhi - in lieu of the same Office Memorandum, dated April 20, which the Calcutta HC has stayed - and were asked to submit their status report on the "level of preparedness" and the difficulties faced by the institutions.

Singh later said the Calcutta High Court order will not affect quota implementation in other elite educational institutions. "The Ministry will put forth its views before the High Court. The stay may delay the quota implementation in IIM, Calcutta but it will not affect the process in other institutions," Singh said.

"There is no confusion about quota implementation in PG courses. But if the High Court feels so, we will put forth our argument and the court will decide," he said.

A similar petition has also been filed in the Delhi High Court which has issued notice to the Centre on implementation of 27 per cent quota for OBCs in PG courses.

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