Title: Mahesh Mohan v. Indian Institute of Management, Kozhikode & Anr
Decided on: 02 November, 2023
+ WP (C) No. 30510 of 2023
CORAM: Hon’ble Justice T.R Ravi
Introduction
The Kerala High Court ruled that in order to admit students to the Ph.D. Practice Track Course at Indian Institute of Management (IIM), Kozhikode, they must adhere to the reservation policy outlined in the Central Educational Institutions (Reservation and Admission) Act, 2006 (the “Act, 2006”). The Court observed that every Institute shall be a Central Education Institution for the purposes of the Central Educational Institutions (Reservation and Admission) Act, 2006, as stated in the proviso to Section 8 of the Indian Institute of Management Act, 2017.
Facts of the Case
Under the Other Backward Classes-Non-Creamy Layer (OBC-NC) category, the petitioner had applied to IIM, Kozhikode for the Ph.D. Practice Track Programme [Ph.D. (PT)]. The petitioner felt wronged by the institute’s refusal to admit him since the reservation policy was applied incorrectly. The petitioner claims that he was told, upon inquiry, that there would be no reservation mechanism and that admittance to the PhD program would only be determined by merit. According to the petitioner, he learned that IIM had chosen to implement a 10% cut-off mark system. He claims that in P.V. Indiresan v. Union of India & Ors. (2011), the Apex Court overturned the setting of the cut-off marks.
Courts analysis and decision
The Court noted that neither the notification soliciting applications nor any clause defining the cut-off marks had informed the candidates prior to the interview about the determination of the cut-off marks. Insofar as admissions to the Institute were concerned, the Court believed that the statute’s provisions would apply and that the selection criteria could not be altered once the procedure was completed. The respondents were instructed to admit the petitioner into the course after it was determined that the entire selection process would not need to be redone in this particular instance and that no other candidates in the OBC-NC category had received higher marks than the petitioner. Thus, the plea was disposed.
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Written by- Hargunn Kaur Makhija
