OBC quota: SC clears roadblocks for admissions in PG courses

Roadblocks for admission of OBC candidates in post-graduate courses including in IIMs and IITs were on Friday cleared by the Supreme Court which lifted the Calcutta High Court order staying implementation of the 27 per cent quota for them in Central educational institutions.

The apex court described the High Court's ex-parte interim order as "strange" and said "no court can sit over its judgement".

"We cannot allow Calcutta High Court order to operate," a Bench headed by Chief Justice K G Balakrishnan said and emphasised that "where is the question of stay when the Central Educational Institutions (Reservation in Admission) Act, 2006 has been upheld".

"Can the Calcutta High Court sit over the order of the Supreme Court," the Bench, also comprising Justices H K Sema and P P Naolekar, said after Solicitor General G E Vahanvati questioned the legality of the High Court order which was delivered without taking into account that the quota law was upheld by the apex court on April 10.

However, it said admissions will 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.