The Supreme Court on Thursday once again said that right to reservation is not a fundamental right while rejecting pleas challenging the Centre’s decision to not grant 50% reservation to OBCs in Tamil Nadu medical colleges.
The Supreme Court bench of Justices L Nageswara Rao, Krishna Murari and S Ravindra Bhat said that “right to reservation is not a fundamental right”.
“Whose fundamental rights are being violated? Article 32 is available only for violation of a fundamental right. We assume you are all interested in fundamental rights of the citizens of Tamil Nadu,” said the court while replying to the DMK petitioner.
The Supreme Court has refused to entertain a bunch of pleas filed by various political parties against the Centre’s decision not to grant 50% reservation to OBCs as per Tamil Nadu law in medical seats surrendered by the state in the All India Quota for under graduate, post graduate and dental courses in 2020-21.
The court told lawyers for DMK, Vaiko, Anbumani Ramadoss, CPI(M), Tamil Nadu Congress and CPI that they are free to approach the Madras High Court with their pleas.
“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 decision of Centre not granting 50% reservation to OBC’s in seats surrendered by Tamil Nadu in the All India Quota for under graduate, post graduate medical and dental courses in current academic session.
DMK, in its plea, had said 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 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 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 Under graduate 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 Anna Dravida Munnetra Kazhagam (AIADMK) party said that in all past academic years since the inception of the All India Quota system, OBCs have been grossly under-represented in the All-India-Quota seats in undergraduate, diploma, PG diploma and postgraduate medical colleges across the country.
