The Centre on Thursday moved the Supreme Court for vacating the Calcutta High Court’s order staying the Union HRD ministry’s memorandum on 27 per cent OBC quota in post-graduate courses in centrally-run institutions, including IIMs and IITs.
In its petition filed in the apex court, the Centre sought stay on all proceedings in various high courts regarding the implementation of the OBC quota. It has also sought transfer of all petitions against April 20 office memorandum issued by the HRD ministry for implementation of OBC quota law pending in high courts of Delhi, Calcutta and Bombay to the Supreme Court.
Solicitor General G.E. Vahanvati mentioned it for urgent hearing before a bench headed by Chief Justice of India K.G. Balakrishanan that said the petition would be heard on Friday.
A Single Judge of the Calcutta High Court had on Wednesday stayed the HRD ministry’s memorandum till June 9 and halted the interview of OBC candidates for admission to IIM Calcutta, scheduled for Thursday. Acting on a petition filed by Sayan Guha of NIT, Durgapur, Justice Maharaj Sinha had also stayed the IIM prospectus for CAT 2008 and issued notices to the HRD Ministry and IIMs.
Guha, who got 89 percent in CAT and was eyeing for admission in IIM Calcutta, claimed that according to the SC ruling graduate OBCs would fall in the creamy layer category and would not be eligible to avail of quota benefit. “Since the IIMs only offer post-graduate courses and no one can do a post-graduate course unless he becomes a graduate so naturally an OBC candidate would fall under the creamy layer of OBC and would not be eligible for availing of the quota,” he claimed.
On April 10, a Constitution bench had upheld the Central Educational Institutions (Reservation in Admission) Act, 2006 but ruled that creamy layer among the OBCs had to be kept out. It also favoured fixing cut-off marks for OBC candidates.