NE LEGAL BUREAU
CHENNAI, JUNE 17
The Tamil Nadu government has moved the Madras High Court seeking a direction to the Centre seeking reservation for OBC candidates in the all-India quota seats surrendered by it for UG and PG medical courses as per the state law.
It filed the Public Interest Litigation (PIL) petition on Wednesday, a day after the court issued notice to the Centre on a batch of petitions, including those filed by political parties ruling AIADMK and opposition DMK, seeking identical relief.
The PIL was filed by State Health Secretary J Radhakrishnan traced the history of reservation policies in Tamil Nadu and said by way of the Constitution 93rd Amendment, the state was empowered to make any special provisions by law for providing quota.
This was for advancement of any socially and educationally backward classes of citizens or for the Scheduled Caste and Scheduled Tribes relating to their admission in educational institutions, including those in the private sector, it said.
Referring to the Medical Council of India (MCI) regulations, it said 15 per cent of UG and 50 per cent of PG Medical seats are surrendered to All India Quota by the state every year.
The respective regulations also state that reservation in medical courses shall be as per applicable laws prevailing in states/UTs where the medical colleges is situated.
However, it had been ascertained that the MCI Committee under the Director of Health Services of the Union Health Ministry was not following the rule of reservation in filling up the seats.
The provisions of the Tamil Nadu Backward Classes, Scheduled casts and Scheduled Tribes (Reservation of Seats in Educational Institutions and Appointments or posts in the services under the State) Act 1993 were not applied in the admissions, the petition submitted. It sought a direction to the Centre, the MCI and DGHS to reserve and allot 50 per cent of seats for OBCs under the all-India quota in UG and PG Medical Courses. A bench comprising Justices R. Subbiah and Krishnan Ramasamy posted the matter for hearing to June 22, when the petitions filed by political parties would also come up. In their PILs, the AIADMK, DMK, MDMK and DK among others contended that the Centre also did not follow its own policy of 27 per cent reserved seats for OBCs under the 2006 Act.
This had resulted in OBCs being robbed off 10,000 seats in the last three years at least and many more during the preceding years, they claimed.
The Centre cannot be permitted to turn a blind eye when a significant number of meritorious OBC students were denied seats in the in All India Quota, the petitioners submitted.
The PILs have been filed after the Supreme Court had on June 11 refused to entertain pleas challenging the Centre’s decision not to grant 50 per cent reservation to OBCs as per the Tamil Nadu law in medical seats surrendered by the state for medical courses in 2020-21.
While saying that the right to reservation is not a fundamental right, the apex court had asked the political parties to approach the high court with their pleas for grant of OBC quota in medical admissions.
