NE LEGAL BUREAU
CHENNAI, AUG 25
Madras High Court has disallowed transferring of 10 percent reservations in medical and dental courses in the state contributed seats to the all India quota (AIQ). The decision came from the Madras High Court on Wednesday after hearing the petition filed by Chief Minister MK Stalin’s Dravida Munnetra Kazhgam (DMK). The petition had bought the Centre and the DMK government to crossroads regarding the reservation for Other Backward Classes (OBCs) in medical and dental colleges.
On July 30, 2021, the BJP-led central government reserved 27 percent medical seats for the OBCs with an additional 10 percent for the Economically Weaker Section (EWS) after the High Court ordered that the OBCs were entitled to reservation in medical seats in the academic year 2021-22.
Challenging the centre’s decision, DMK filed a petition hinting at non-compliance with the Court’s order and demanded a 50 percent reservation for OBCs since almost all seats belong to the state-run colleges. P Wilson, representing DMK argued that the reservation must be 50 percent for OBCs, 18 percent for Scheduled Castes (SCs), and 1 per cent for Scheduled Tribes (STs).
Additional General KM Natraj, representing the Centre, countered the argument stating that the Centre’s decision to impart 27 percent reservation aligns with the central policy wherein the communal reservation cannot exceed 50 percent under the AIQ. The AG argued that it will conflict with the limit set by Supreme Court in the case of the Marathas. He also contended DMK’s move to consider it as a contempt of court. On August 18, the Centre ensured the Madras High Court that they will resolve the issue, asking for a week-long extension.
The OBC reservation for Tamil Nadu was set at 69 percent based on the Tamil Nadu Backward Classes, Scheduled Castes, and Scheduled Tribes, as per the 1993 State Act.
The case was heard by the bench led by Chief Justice Sanjib Banerjee, and Justice PD Audikesavalu.
Meanwhile, the Tamil Nadu government is likely to introduce a Bill in the State Assembly exempting the state’s medical aspirants from the National medical entrance test — NEET. Based on Justice AK Rajan’s report, the state government believes that the common entrance exam favours privileged students.
