Quota confusion: Calcutta HC stays IIM admissions

GREY AREAS: Three judges had wondered if a person can retain the OBC status if he or she is a graduate.

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New Delhi: Just when the dust had settled down on demonstrations and protestors had reconciled to the 27 per cent reservation for OBCs, Calcutta High Court has dropped a bombshell — an interim order staying the intake of the backward castes in IIM Calcutta.

The petitioner's lawyer, Chameli Majumdar says, "The injunction is in terms of prayer eight, which was an order to issue staying the operation of the reservation clause of the notice."

There was an area of confusion in the five-Bench judgement which allowed backward reservation. Three judges had wondered if a person can retain the OBC status if he or she is a graduate.

Graduation, according to their view, bestows an advanced status on the person and an OBC graduate, therefore, no longer qualifies for the OBC benefit at the postgraduate level.

The Human Resource Ministry had said at the time that this part of the judgement was not mandatory and that quota had been generally allowed at all levels and it's something that HRD Minister, Arjun Singh, still maintains.

"We have already said that the Post Graduate courses are not affected. But if the High Court feels that it is, then it will hear the arguments and decide," says Arjun Singh.

But, the interim order on the petition prevents IIM Calcutta from going ahead with admissions and by default, raises doubts over the entire postgraduate admission process in all IIMs.

The HRD Ministry is now getting ready to respond to the court order. Interestingly enough, the process of admissions to all IIMs except IIM Calcutta is already over and preparatory classes are supposed to start in the beginning of June.

Call it a case of bad timing, but the next hearing of the case is scheduled for June 2, 2008.

(With inputs from Anjita Roy Chaudhary in Kolkata and Sumit Pande in New Delhi)