Today, a batch of pleas seeking to restrain the Centre from proceeding with all India counselling for UG and PG medical courses, without implementing 50% OBC reservation in Tamil Nadu was refused by the Supreme Court.
Disinclination to entertain the petitions was expressed by a bench of Justices L. Nageswara Rao, Krishna Murari&Ravindra Bhat, the petitioner chose to withdraw the same, thereof.
Also Read: Plea filed in the Supreme Court against Centre for refusing to implement 50% OBC Reservation in Tamil Nadu’s Share of All India Medical Quota seats
However, the liberty to approach the High Court was granted by the Supreme Court.
The petitioners were the Political parties namely the Communist Party of India (Marxist) Tamil Nadu wing and DravidaMunnetraKazhagam (DMK).
The bench remarked that “We appreciate the political parties coming up before us, but we are not inclined to entertain this”.
Submissions regarding the implementation of the already present provisions in OBC reservation was made by the petitioners.
Justice L Nageswara Rao pondered“What is the fundamental right to reservation?”in response.
The remedy of Article 32 of Constitution was available only for violation of fundamental rights, and “whose fundamental rights were being violated in the instant case?“asked the Bench.
The bench before allowing the petitioners to withdraw the plea remarked, “We are happy to see so many political parties at the same platform for the same cause, something unusual for Tamil Nadu“.
“There is no rational basis for not extending the benefit of 50 per cent OBC reservation, as envisaged under the State laws of Tamil Nadu, to the State-captured seats in the All India Quota” contended the Petitions.
Emphasis on providing professional education for marginalised people is very much essential not only for empowering such sections of society but also for democratisation of the entire society and gradual eradication of caste oppression, discrimination and casteism. An opportunity for talented students belonging to these backward classes asking for OBC reservation who are notable to secure competitive marks because of historic reasons of prolonged subjugation and their economic and social circumstances shall also be provided.
‘The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act,1993’, and that similar enactments are in force in other states to back OBC reservation. .
The following reliefs were stated in the Plea-
i) Direction to the Ministries of Health and Family Welfare, HRD, Social Justice and Empowerment, the Medical Council of India and the National Board of Examinations to follow and apply The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation ofSeats in Educational Institutions and of appointments or posts in the Services under the State) Act,1993 granting 50% reservations for OBC (Backward Classes & Most Backward Classes) and18% reservations for Scheduled Caste and1% reservation for Scheduled Tribe for filling up ‘State surrendered seats in All India Quota seats’ (other than in the Central institutions) in the State of Tamil Nadu in Undergraduate & Postgraduate medical & dental Courses for the academic year 2020-21 and continue to do so for the coming academic years accordingly.
ii) Direct the Respondents herein to produce the records pertaining to the Result of NEET-PG, 2020 published on 09.05.2020 by the National Board of examinations relating to the filling up of the All India Quota.
iii) Direct the Respondents herein to set aside/modify/revise the NEET-PG 2020 so published relating to the filling up of the State surrendered seats to All India Quota by providing reservation to OBCs, SC-STs as per the 1993 Act.