SC quashes Calcutta HC order on IIM admissions

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The Supreme Court on Friday quashed the Calcutta High Court’s order staying implementation of 27% quota for OBCs in central educational institutions even as the Centre said it was considering filing caveats before various high courts to avoid a repeat of similar instances.

Describing the high court’s ex-parte interim order as “strange”, the apex court said “no court can sit over its judgement” while lifting the Calcutta High Court’s stay. As a result of the Supreme Court order, roadblocks on admission of OBC candidates in post-graduate courses in IIMs and IITs now have been cleared.

“Can Calcutta High Court sit over the order of the Supreme Court,” the Bench headed by chief justice KG Balakrishnan and comprising Justices H K Sema and P P Naolekar, said after solicitor general G E Vahanvati questioned the legality of the high court order. “Where is the question of stay when the central educational institutions (reservation in admission) act, 2006 has been upheld,” the bench said.

However, it said admissions would be provisional subject to the final outcome in the matter before it as those opposing the government memorandum for implementation of the quota in post-graduate courses have contended that the majority verdict of five-judge bench has set a benchmark that a graduate cannot be considered educationally backward.

The court stayed all proceedings relating to OBC quota that are pending in the High Courts of Delhi, Calcutta and Bombay and issued notices to those petitioners, including Delhi-based Youth for Equality, on the Centre’s petition seeking transfer of those matters to the apex court.