New Delhi: The Supreme Court on Thursday dismissed pleas of various political parties in Tamil Nadu challenging the Centre’s decision against granting 50 per cent reservation to Other Backward Castes (OBC) that opposes the state’s law regarding reservation of medical seats. Also Read - Coronavirus LIVE Updates: First Patient Discharged From Delhi's Makeshift COVID Hospital at Chhatarpur
The decision was taken in cognizance with medical seats surrendered by the state in the All India Quota for undergraduate, postgraduate and dental courses in 2020-21. The top court refused to entertain the plea filed under Article 32 (filing of Writ petition in SC) saying the right to reservation is not a fundamental right. Also Read - Tuticorin Custodial Deaths: RJ Suchi Told by Tamil Nadu Police to Remove Video Demanding Justice For Jayaraj-Fenix
“The Writ Petitions are, accordingly, dismissed as withdrawn with the aforesaid liberty,” a bench of justices L Nageswara Rao, Krishna Murari and S Ravindra Bhat asserted. Also Read - Chennai Containment List: Despite Dip in COVID Cases, Contained Areas Rise From 158 to 276 | Check Here
The SC asked the political parties, Dravida Munnetra Kazhagam (DMK), All India Anna Dravida Munnetra Kazhagam (AIADMK), CPI (M), Vaiko, Anubmani Ramadoss, Tamil Nadu Congress Committee and CPI, to instead approach the Madras High Court with their pleas for grant of OBC quota in medical admissions.
The bench said during the hearing that a plea under Article 32 (filing of Writ petition in SC) of the Constitution can be filed only in case of violation of fundamental rights and no such rights of political parties have been violated.
The counsel for political parties said they were not seeking any addition in existing quota and were alleging that the OBC reservation policy was not being implemented.
You should withdraw this and go to the Madras High Court, the bench said, adding that the liberty was granted to the political parties to do that.
The political parties have challenged the Centre’s decision not to grant 50 per cent reservation to OBCs in medical seats surrendered by Tamil Nadu in the all India quota for undergraduate, postgraduate and dental courses in the current academic session.
DMK had said in its plea that it was opposing the denial of implementation of 50 per cent OBC policy of the state, other than in central government institutions.
It said the Medical Council of India (MCI) regulations clearly contemplate adherence to state reservation laws while filling up of the seats.
The party said that the All India Quota seats are contributed by states surrendering seats in the government and private medical and dental colleges as per the MCI regulations.
DMK had sought an ad-interim injunction restraining the Respondents from proceeding further with All India Counselling for PG seats pursuant to the NEET-PG 2020 results without following the 50 per cent reservation for OBC quota in Tamil Nadu pending disposal of the plea.
The party also sought direction for calling of the records of the Respondent pertaining to the Result of NEET-PG, 2020 published on May 9, 2020, by the National Board of Examinations relating to the filling up of the All India Quota and quashing of the same.
The Petitioner (CPIM) is constrained to approach this court as the Respondents (Centre, MCI and others) herein have grossly failed to provide the statutory reservations for Other Backward Classes (OBC) i.e. Backward Classes (BC) and Most Backward Classes (MBC) and anomaly in granting reservation to SC-STs students in admissions to the Undergraduate and Post Graduate medical courses in all medical colleges in Tamil Nadu in the category of state surrendered seats to the All India Quota’ in Government and private medical colleges other than the Central Government institutions, the plea of CPI(M) had said.
Ruling AIADMK had alleged that there was no rational basis for not extending the benefit of 50 per cent reservation for OBCs, as envisaged under the State laws of Tamil Nadu, to the State-captured seats in the All India Quota.
The AIADMK party said that in all past academic years since the inception of the All India Quota system, OBCs have been grossly underrepresented in the All-India-Quota seats in undergraduate, diploma, PG diploma and postgraduate medical colleges across the country.
With PTI inputs