Centre's Attempt At Not Implementing OBC Reservation In Medical Colleges For Academic Year 2021-22 Appears To Be Contempt: Madras High Court

The Madras High Court on Monday directed the Central government to immediately take measures for implementing OBC reservation in MBBS seats under All India Quota, across under-graduate and post-graduate medical and dental colleges of the State.

It was also observed that the Centre's apparent attempts at deferring such implementation of OBC reservation is in abject violation of the Court's earlier order dated July 27, 2020 thereby constituting prima facie contempt of Court.

A Bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy observed that admissions into medical colleges for the academic year 2021-2022 can only take place pursuant to the implementation of such a reservation quota.

"The Union's attempt to not implement the OBC reservation quota in respect of the All India Quota seats in the State in the academic year 2021-22 appears to be contumacious, in derogation of the order dated July 27, 2020 passed by this Court and contrary to the representation made before the Supreme Court as recorded in the order dated October 26, 2020", the order stated.

The observation was made while dealing with a contempt plea filed by the Dravida Munnetra Kazhagam (DMK) Party, raising concerns about the alleged non-implementation of OBC quota for the academic year 2021-2022. The High Court vide order dated July 27, 2020 had directed the State to constitute a Committee consisting of the Central government, the State government, the Medical Council of India and the Dental Council of India to implement the concerned OBC reservation from the academic year 2021-2022. 

The Centre had contended that it would defer the implementation of the aforementioned OBC reservation until the Saloni Kumari case pending before the Supreme Court is decided. Such a stance was taken despite the Supreme Court categorically stating vide its order dated July 13, 2020 that "the High Court can proceed to adjudicate the writ petitions on merits".

Thus rejecting Centre's stance, the Court observed with anguish,

"It now appears that the Union seeks to change tack and keep the implementation of the OBC reservation as per the 1993 State Act in suspension till the Saloni Kumari case is decided by the Supreme Court. The contempt petition is directed against such proposal or suggestion of the Union. Prima facie, it is completely unacceptable that despite the Union representing in course of the relevant proceedings before the Supreme Court that the OBC reservation quota as per the 1993 State Act would be implemented in respect of the All India Quota seats in this State in terms of the order of July 27, 2020 passed by this court, the Union would now not implement the reservation on the specious ruse that the Saloni Kumari matter had first to be decided by the Supreme Court"

Accordingly, the Court directed the Centre to indicate the mode and manner of implementation of the OBC reservation in respect of All India Quota seats for the academic year 2021-2022 within 7 days. The Court further reiterated,

"The admission into the relevant colleges in this State can only now be upon implementing such reservation quota".

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