NE LEGAL BUREAU
CHENNAI, JULY 27
The Madras High Court on Monday directed the Central government to constitute a committee to decide on the issue of providing OBC reservation in all-India seats (AIQ) surrendered by Tamil Nadu for medical admission within three months.
Such a committee comprising representatives from Centre, state and Medical Council of India should be constituted within three months, the court said.
The first bench of Chief Justice AP Sahi and Justice Senthilkumar Ramamoorthy also made it clear that any decision made by the committee shall be applicable only from the next academic year.
Asserting that there was no legal bar in providing OBC reservation in AIQ seats as contended by the MCI, the bench said it was not passing a positive order to provide the reservation only in view of settled law that courts cannot interfere in policy matters of the government, unless in cases where fundamental rights are affected.
“Reservation is not a legal or fundamental right,” the court added.
The bench passed the order on the batch of petitions moved by the Tamil Nadu government, the DMK, AIADMK, PMK and other political parties challenging the decision of the Centre not to provide OBC reservation in AIQ seats for medical admission.
Disposing of the petitions, the court also observed that it is open for the Centre to pass any legislation to provide OBC reservation in AIQ seats for medical admission.
