The Supreme Court on Thursday rejected the pleas of various political parties in Tamil Nadu challenging the Centre’s decision to grant 50 percent reservation to other backward castes (OBCs) opposing the state’s law regarding reservation of medical seats. Went.
It was decided in 2020-21, with the state-surrendered medical seats in the all-India quota for undergraduate, postgraduate and dental courses. The apex court refused to consider the petition filed under Article 32 (filing of writ petition in SC) that the right to reservation is not a fundamental right.
A bench of Justices L. Nageswara Rao, Krishna Murari and S. Ravindra Bhat held, “The writ petitions are, accordingly, withdrawn with the aforesaid independence.”
The SC asked political parties, Dravida Munnetra Kazhagam (DMK), All India Anna Dravida Munnetra Kazhagam (AIADMK), CPI (M), Vaiko, Tamil Nadu Congress Committee and CPI, to approach the Madras High Court instead. Argument for giving OBC quota in medical admission.
The bench said during the hearing that a petition under Article 32 of the Constitution (filing writ petition in SC) can be filed only in case of violation of fundamental rights and no such right of political parties has been violated .
Advocates of political parties said they did not want any increase in the current quota and were alleging that the OBC reservation policy was not being implemented.
You should withdraw it and go to the Madras High Court, the bench said that political parties were given freedom to do so.
Political parties have challenged the Centre’s decision not to give 50 per cent reservation to OBCs in Tamil Nadu’s surrendered medical seats in the all-India quota for undergraduate, postgraduate and dental courses in the current academic session.
The DMK said in its petition that it was refusing to implement the 50 per cent OBC policy of the state, apart from central government institutions.
It said that the Medical Council of India (MCI) rules clearly consider adherence to the state’s reservation laws while filling seats.
The party said that all India quota seats are contributed by the states surrendering in government and private medical and dental colleges as per MCI rules.
The DMK sought an ad-interim injunction prohibiting the respondents from proceeding with the All India Consultation for PG seats for the NEET-PG 2020 result without adhering to the 50 percent reservation for OBC quota in the pending disposal of the petition. .
The party issued a directive by the National Board of Examination to call the respondent’s records relating to the results of NEET-PG, 2020 published on May 9, 2020 and filling the All India quota. the same.
The petitioner (CPIM) is compelled to approach this court as the respondents (Center, MCI and others) have failed to provide statutory reservation for the Other Backward Classes (OBCs) here ie Backward Classes (BC and Most Backward Classes (MBC) )) And discrepancy in giving reservation to SC / ST students for admission to undergraduate and post graduate medical courses in all medical colleges in Tamil Nadu, surrender of All India quota seats in government and private medical colleges than in the center. done. The plea of government institutions, CPI (M), said.
The ruling AIADMK had alleged that on the state-occupied seats in the All India quota, under Tamil Nadu state laws, there was no rational basis for not giving the benefit of 50 per cent reservation for OBCs.
The AIADMK party said that in all the previous academic years since the establishment of the All India Quota System, OBC was grossly under-rated in all India-quota seats in undergraduate, diploma, PG diploma and postgraduate medical colleges across the country. has gone.
With PTI input