HC notice to Centre on IIM alumni plea over OBC quota

NEW DELHI, MAY 12 : The Delhi High Court on Monday issued a notice to the Centre on a petition filed by an IIM alumni association challenging implementation of 27 per cent quota for OBCs in higher education. Justice T S Thakur directed the Government to file its response in four weeks and posted the matter for further hearing on July 10.

The Pan-IIM Alumni Association contended that the Government had misinterpreted the Supreme Court judgment which, while upholding the OBC reservation policy, had said that it would not be applicable to higher educational institutions.

“The Act has to be understood in the way the Supreme Court has understood it and with the safeguard which has been put by the Court,” senior advocate Harish Salve, appearing for the petitioner, said while accusing the Centre of running an agenda in the name of reservation.

He contended that the five-judge Constitution Bench judgment clearly says that caste cannot be the basis of reservation and it can only be a starting point. “If a particular caste has got a substantial number of graduates then that particular caste has to go,” Salve said, adding that a student has to clear twin tests of educational and social backwardness to get the benefit of reservation. “If you are a graduate, then you belong to the creamy layer and reservation cannot be given to you,” he contended.

The Centre objected to the contention and said that after the Supreme Court judgment there was no confusion over providing reservation to OBC candidates in Central Educational Institutions.

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