Justice Maharaj Sinha ordered the stay on a petition by Sayan Guha, a B-Tech student, challenging the human resource development (HRD) ministry's memorandum for implementing the quota. Interviews for the OBC seats are scheduled for tomorrow.
The interim order stayed till June 9 the operation of the reservation clause in the institute's prospectus as well as the resolution of the office memorandum, dated April 20, 2008, passed by the HRD ministry. The matter would come up for hearing on June 9.
Guha's counsels, Kishore Dutta and Nilava Bandopadhyay, told the court that the memorandum and the subsequent reservation clause were a violation of the April 10 Supreme Court order defining the creamy layer among OBCs that would not get the reservation benefit. They said while the Supreme Court had directed that graduates would not be considered for the benefit, the memorandum said all OBC students would be entitled to reservation in post-graduate courses.
No counsel appeared for the HRD ministry and IIM-C.
In a related development, the Delhi High Court issued a notice to the Centre on a petition challenging the implementation of 27 per cent quota for OBCs in IIMs and other central higher educational institutions.
A Bench headed by Justice TS Thakur sought the Centre's response on the petition within four weeks and posted the matter for hearing on July 10.
An alumni association of IIMs had approached the high court seeking to restrain the Centre from providing quota to OBC students in institutes of higher learning.
The association said the government misinterpreted the Supreme Court judgment upholding the OBC reservation policy which said the quota would not be applicable to higher educational institutions.
The petition, filed by the Pan-IIM Alumni Association, sought a stay on the HRD ministry's office memorandum, issued on April 20.
HRD Minister Arjun Singh said the Calcutta High Court order would not affect the implementation of the quota in other institutes of higher learning.
"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.
