Supreme Court declines to consider plea on 50% reservation for OBCs in all-India quota for medical courses in Tamil Nadu

The Supreme Court says that reservation is not a fundamental right

The Supreme Court on Thursday declined to consider petitions filed by DMK, AIADMK, CPI(M), the Tamil Nadu government and others for implementing 50 percent reservations for Other Backward Castes (OBCs) in medical courses in all-India quota seats in colleges in the state.

"All the political parties have come together for the welfare of backwards classes in Tamil Nadu, it is something unusual. But the Supreme Court has held that reservation is not a fundamental right," a bench presided over by Justice L Nageswara Rao said.

On the court's observations, the petitioners, including Vaiko and TN Congress Committee, preferred to withdraw the plea to approach the Madras High Court.

Also read — AIADMK moves SC for 50% reservation for OBCs in medical courses in Tamil Nadu

The petitioner parties here sought a direction to the Centre, Directorate General of Health Services, Medical Council of India to implement 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.

The law, already put into the Ninth Schedule to the Constitution, provided for 50 percent reservation for OBCs, besides 18 percent for SCs and 1 percent for STs.

According to the Medical Council of India’s Regulations, 1997, 15 percent of seats in all undergraduate medical colleges and 50 percent in all postgraduate medical colleges are surrendered to the all-India quota.

The petitioners claimed in 2018-19, only 220 OBC candidates were admitted to postgraduate courses against a claim on 2,152 of the 7,982 seats. They also said only 66 OBC students were admitted under all-India quota to the undergraduate course. Of 4,061 MBBS seats, 50 percent (2,030) seats were to be filled with OBC candidates.

In the year 2020, they said out of 9,550 seats under all-India quota, 8,800 seats are surrendered from the colleges by the state governments. Of these 8,800 seats, OBCs are not given any reservation and the seats are transferred to the general category.

They further alleged that the Centre failed to fill 27 percent reserved seats for OBCs as mandated under the 2006 Act. This has resulted in OBCs being robbed off of 10,000 seats in the last three years.