CPI(M) moves SC against denial of reservation in all India quota seats in medical courses

The CPI(M) on Tuesday filed a petition in the Supreme Court against alleged denial of the reservation to OBC, Most Backward Classes and SC/STs in all India quota seats in National Eligibility cum Entrance Test (NEET) for undergraduate and postgraduate courses in Tamil Nadu as per the statute.

In a plea by the party's state secretary, Balakrishnan sought a direction to the Centre to fill up 15% of all India quota in MBBS/BDS and 50% in MD/MS courses in accordance with 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 in Tamil Nadu.

He claimed that as per the Act, the OBC reservation of 50% has to be implemented in the state of Tamil Nadu for the all India quota state surrendered seats(other than the central government Institutions).

"During this current admission year 2020-21 also, the OBCs are not given any reservation for the seats pooled from the States," he said, adding that this was unconstitutional and violative of the basic feature of the Constitution.

According to the 'Regulations on Graduate Medical Education,1997 & Post Graduate Medical Education Regulations, 2000', the state surrendered seats to the all India quota shall be filled up as per the statutory reservation policy of the concerned states.

However, the Medical Counselling Committee and Dental Counselling Committee through which the admissions were done for the medical undergraduate and postgraduate courses do not apply the policy of OBC reservation of respective state to the ‘State surrendered seats to the all India quota’ in government and private medical and dental colleges.

They are not providing even 27% reservation for filling up state surrendered seats to the All India Quota in government and private medical and dental colleges in Tamil Nadu and other states, the petition drafted by advocate Subhash Chandran K R and filed Biju P Raman contended.

The petitioner claimed denial of the reservation to SC-STs as per the Tamil Nadu Act was violative of Articles 14, 15(4),15(5), and 21 of the Constitution and 1997 and 2000 regulations.

In the year 2018-19, only 220 OBC candidates were admitted to postgraduate courses while they had claimed over 3,991 of the 7,982 seats. Similarly, only 66 OBC students were admitted under all India quota to the undergraduate course (MBBS). There are 4,061 all India quota MBBS seats, of which 50% i.e. 2030 should have been filled with OBC candidates, the petitioner pointed out.