'Reservation not fundamental right': SC refuses to hear pleas by TN parties demanding 50% quota for OBCs in medical colleges
The matter came up before the apex court as various political parties challenged the Centre's decision not to grant 50 percent reservation to OBCs as per Tamil Nadu law in medical seats.
Reservation is not a fundamental right guaranteed under the Constitution of India, observed the Supreme Court on Thursday while dismissing a clutch of petitions regarding 50 percent reservation for OBCs in medical seats in Tamil Nadu.
A bench comprising Justices L Nageswara Rao, Krishna Murari and S Ravindra Bhat opined that denial of the reservation by Centre cannot be held as violation of a constitutional right.
"Right to reservation is not a fundamental right. That's the law today," the court said, according to News18.
The matter came up before the apex court as various political parties challenged the Centre's decision not to grant 50 percent reservation to OBCs as per Tamil Nadu's law on medical seats surrendered by the state in the All India Quota for under graduate, post graduate and dental courses in 2020-21.
The court dismissed these petitions and asked lawyers for Dravida Munnetra Kazhagam, Vaiko, Anbumani Ramadoss, CPM, Tamil Nadu Congress Committee and CPI 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 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 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 percent reservation for OBC quota in Tamil Nadu pending disposal of the plea.
They said that in Tamil Nadu, there is 69 percent reservation for OBCs, SC and ST and within this, OBC reservations are about 50 percent.
"Denial of admissions to OBC candidates is a violation of their fundamental right," said the pleas, asking for a stay on the counselling under NEET till the reservation is given.
The party also sought direction for calling of the records of the respondent pertaining to the Result of NEET-PG, 2020 published on 9 May, 2020 by the National Board of Examinations relating to the filling up of the All India Quota and quashing of the same
The 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 under represented in the All-India-Quota seats in undergraduate, diploma, PG diploma and postgraduate medical colleges across the country.
With inputs from PTI
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