Supreme Court and center lock horns over OBC quota

Satya Prakash, Chetan Chauhan and Mou Chakraborty
New Delhi/Kolkata, April 23, 2007
THE SUPREME Court on Monday dismissed the Centre’s plea to vacate the stay on the introduction of a 27 per cent quota for OBCs in central institutes from the next academic year. A bench headed by Arijit Pasayat clarified that its March 29 stay on the reservation was “final” for the academic year 2007-08.
Solicitor general G.E. Vahanvati urged the court to refer the matter to a constitutional bench as it involved an important legal issue, but the court said the plea could be considered only in August when the constitutional validity of the impugned law would be examined.
That would make it virtually impossible for the government to introduce the quota from the next academic year. Even though the government started consultations with legal experts and mulled the option of seeking a review by a higher bench, time is running out.
Monday’s ruling is expected to hastened the publication of the merit list for admission to IIMs. Reporters asked IIM-A director Bakul Dholakia about an admission date and he replied, “That question can be answered by the order of the Supreme Court.”
No IIM will, however, act without instructions from the HRD ministry. “Fresh instructions will be issued soon. Before that, we want to discuss our legal options,” a ministry official confirmed, without giving a timeframe.
“After the ruling we feel we will get a government order in a couple of days, after which we can publish the results. We are waiting an instruction on the results as well as the quota,” said Ashish Bhattacharya, chairman of admissions at IIM-Calcutta.
The IITs set May 30 as a tentative date for IIT-JEE results, ensuring that candidates will not have to face a delay like their IIM counterparts. “Arrangements to introduce the OBC quota are in place, but the ministry will tell us what to do. We have over a month’s time and the problem should be solved before that,” said S.K. Dube, director of IIT-Kharagpur.
The IIMs has earlier pointed out that a delay in admissions could result in students going to lesser institutes even if they have CAT scores good enough to bag them IIM seats. Many private B-schools charge high, non-refundable fees and retain students’ original certificates, thus preventing migration to IIMs.
To make sure that students can shift to IIMs when the opportunity arrives, the government has now instructed all institutes to remove hindrances to ensure free mobility. The UGC and AICTE issued circulars instructing all institutes to deduct only Rs 1,000 as processing fee if a student opts out of any course. The remaining fees must be returned and any seat vacated due to migration must be filled from the waiting list.
All institutes, including universities and deemed universities, have also been instructed not to retain original certificates of any student. That would allow management students, for instance, to seek admission to IIMs once the OBC issue was settled. Should any institute flout these instructions, the government has threatened action including withdrawal of recognition.
satya.prakash@hindustantimes.com
chetan@hindustantimes.com
mou.hindustantimes@yahoo.com