NE LEGAL BUREAU
NEW DELHI, JULY 2
The Tamil Nadu government on Thursday moved the Supreme Court seeking a direction to the Madras High Court to “expeditiously” decide the pleas challenging the Centre’s decision not to grant 50 per cent quota to OBCs in medical seats surrendered by the state in all India quota for under graduate, post graduate and dental courses in 2020-21.
It has assailed the June 22 High Court order which refused to grant any interim order on the OBC quota row and adjourned the hearing till July 9 saying that a similar petition was already scheduled to be heard on July 8 by the Supreme Court.
“The Supreme Court is already seized of the matter and let us wait and see what transpires (on July 8),” the high court had said.
The state government and state political parties – DMK, ruling All India Anna Dravida Munnetra Kazhagam (AIADMK), CPI (M), Tamil Nadu Congress and CPI had moved the high court after the Supreme Court, on June 11, refused to entertain their petitions and asked them to approach the high court.
“Direct the High Court to expeditiously hear and dispose of the writ petitions…,” the state government said in its plea before the apex court.
“The High Court has in effect declined to take up the writ petitions in spite of the fact that the Respondents (Centre, MCI and others) had virtually conceded to the prayer sought for in the writ petition.
“The High Court has failed to appreciate that the respondents are stalling adjudication of the issue. The (High) Court has been misled by the Respondents’ contentions and has unjustifiably kept the Petitioner’s writ petition in abeyance till this court issues orders in an ostensibly identical matter…which is tentatively listed for July 08,” it said.
The high court had refused to pass any interim order on the pleas after taking note of the Centre’s submission that since 1986 no reservation has been provided in the AIQ (All-India quota) seats for medical admission as per the apex court directive.
“The same was modified after 10 years, providing reservation for SC/ST. In 2015, pleas were moved seeking OBC reservation, which is still pending before the apex court, which has to take a call and modify the order,” the counsel for the Centre had told the High Court.
The state government and various political parties have challenged the Centre’s decision not to grant 50 per cent reservation to OBCs as per Tamil Nadu law.
Some of the petitioners, in their interim prayers before the High Court, had sought to stall the ongoing admissions for PG medical courses.
The pleas had alleged that the Centre also did not follow its own policy of 27 per cent reserved seats for OBCs under the 2006 Act.
