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No Fear No Favour

“Reservation is not a fundamental right,” Supreme Court on rejecting the petition seeking 50% OBC reservation in all Tamil Nadu medical colleges

Earlier on Thursday, Supreme Court said Reservation of seats to certain communities was never a fundamental right which is being violated and rejected the petition filed by all political parties from Tamil Nadu who sought 50% OBC reservation in the all-India NEET seats surrendered by states.

The Supreme Court three-judge bench of Justices L Nageswara Rao, Krishna Murari and S Ravindra Bhar led by Justice L N Rao said to the lawyers appearing for various parties including the AIADMK, DMK, Tamil Nadu Congress, CPI and CPI(M), “We appreciate the concern of all the political parties for the welfare of backward classes. But the reservation is not a fundamental right.”

Appearing for the parties, in his argument Advocate P Wilson said that they were not asking to add to existing reservations which has been “grossly under-represented” in the All-India-Quota seats in UG, PG Diploma and PG medical colleges across the country since past many years.

“We are asking the court to implement the existing reservations,” Wilson argued.

“Whose Fundamental Rights are being violated,” Justice Rao asked. “Article 32 is available only for violation of Fundamental Rights. We assume you are all interested in fundamental rights of the citizens of Tamil Nadu,” he further added.

“You have moved this petition under Article 32. This can be done only if your fundamental right is violated. What is the violation? Please tell us,” the judge asked.

Wilson replied, “Their (OBC) right to education is being violated. Also, their right to reservation stands violated.” At this, the bench remarked that reservation is not a fundamental right.

The Supreme Court has decided to no more entertain a bunch of pleas filed by various political parties against the Centre’s decision not to grant 50% reservation to OBCs as per Tamil Nadu law in medical seats surrendered by the state in the All India Quota for undergraduate, postgraduate and dental courses in 2020-21.

The court told lawyers for DMK, Vaiko, Anbumani Ramadoss, CPI(M), Tamil Nadu Congress and CPI that they have the choice to approach the Madras High Court with their pleas. “You should withdraw this and go to the Madras High Court,” the bench said, adding that the liberty was granted to the political parties to do that.

“The Petitioner (CPIM) 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 Undergraduate 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 of CPI(M) had said.

Ruling AIADMK made allegations of stating no rational basis for not extending the benefit of 50% reservation for Other Backward Classes, as proposed under the State laws of Tamil Nadu, to the State-captured seats in the All India Quota.

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