NE LEGAL BUREAU
NEW DELHI, JUNE 2
The Tamil Nadu unit of Communitst Party of India (Marxist) on Tuesday moved the Supreme Court seeking 50, 18 and one per cent reservation for OBC, SC an ST candidates respectively in seats surrendered by the state in the All India Quota for under graduate, post graduate medical and dental courses in 2020-21.
Earlier, DMK had moved the top court seeking similar quota reliefs for students in admissions in medical courses.
“The Petitioner CPI (M) 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 Under graduate 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 said.
The party has made various union ministries including the health ministry, the Medical Council of India and National Board of Examinations (NBE) as parties to the petition.
“Issue a writ of Mandamus or any other direction, directing the Respondents to follow and apply ‘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 granting 50 % reservations for OBC (Backward Classes & Most Backward Classes) and 18 % reservations for Scheduled Caste and 1% reservation for Scheduled Tribe for filling up ‘State surrendered seats in All India Quota seats’…,” said the plea filed through the state secretary of the CPI (M).
Providing professional education for marginalized people is very much essential not only for em powering such sections of society but also for democratization of the entire society and gradual eradication of caste oppression, discrimination and casteism, it said.
“It (quota) will also provide an opportunity for talented students belonging to these backward classes who are not able to secure competitive marks because of historic reasons of prolonged subjugation and their economic and social circumstances,” it said.
Earlier, DMK, in its plea, had said that it was opposing the denial of implementation of 50 per cent OBC policy of the state, other than in central government institutions. It said the MCI regulations clearly contemplate adherence to state reservation laws while filling up of the seats.
“That the Director General of Health Services, Medical Counselling Committee and the Medical Council of India and Dental Council of India have grossly failed to provide reservations for Other Backward Classes (OBC) students in admissions to the Under Graduate, Diploma, PG Diploma and Post Graduate medical courses in all medical colleges across the country in the category of‘ state surrendered seats to the All India Quota’ in Government and private medical colleges other than the Central Government institutions,” DMK had said.
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.
The party sought 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 per cent reservation for OBC quota in Tamil Nadu pending disposal of the plea.
It also sought ad-interim injunction restraining them from proceeding with conducting the NEET-UG 2020 or any counselling thereof without following the 50 per cent reservation for OBC quota in Tamil Nadu.
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, party sources said.
