Reservation not a fundamental right: SC on pleas implement OBC quota in Tamil Nadu medical colleges
"Right to reservation isn't a fundamental right," Supreme Court on Thursday said and refused to entertain pleas of various political parties challenging the Centre's decision not to grant 50 per cent reservation to OBCs as per Tamil Nadu law in medical seats surrendered by the state in the All India Quota for undergraduate, postgraduate and dental courses in 2020-21.
A bench comprising Justices L Nageswara Rao, Krishna Murari, and S Ravindra Bhat asked lawyers for Dravida Munnetra Kazhagam, Vaiko, Anbumani Ramadoss, CPI (M), Tamil Nadu Congress Committee and CPI to approach the Madras High Court with their pleas.
"Right to reservation is not a fundamental right... Do you want us to dismiss this or we can otherwise permit you to withdraw," Justice L. Nageswara Rao observed.
"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 per cent reservation to OBC's in seats surrendered by Tamil Nadu in the All India Quota for undergraduate, postgraduate medical and dental courses in a current academic session.
DMK, in its plea, had said that it was opposing the denial of implementation of 50 percent 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 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 percent 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 percent 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 underrepresented in the All-India-Quota seats in undergraduate, diploma, PG diploma and postgraduate medical colleges across the country.
(With PTI inputs)
