Madras High Court Seeks State Govt's Response On Plea Challenging 7.5 Percent Reservation Of Seats In Medical Colleges For Government School Students

The Madras High Court on Monday sought the State government's response in a batch of petitions challenging the constitutionality of the Tamil Nadu Admission to Undergraduate Courses in Medicine, Dentistry, Indian Medicine and Homeopathy on preferential basis to students of Government Schools Act, 2020 (Act No. 34 of 2020). The impugned legislation grants a horizontal reservation of 7.5 per cent seats in medical colleges for students passing out of government schools in the State.

Opining on the contentions raised in the writ petitions, a Bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy observed,

"In several of the petitions, the amendment introduced in such regard has been challenged; while in others, particularly by the missionary schools or church aided schools, the suggestion is that since such schools are also aided and funded and charge nominal fees from students, like government schools, their students should also be conferred the same benefit"

The legislation had been promulgated in October 2020 and was intended to be made applicable from the current 2020-2021 academic year itself. The intent behind extending such a reservation is to uplift government school students who suffer from economic, social and educational backwardness, the government had contended.

The petitioners had submitted that even if such a reservation has been enacted to benefit the weaker sections of the society, it is essential that the government takes initiates to determine the class of students that actual suffer from such economic backwardness instead of extending such a blanket benefit to all.

"The writ petitioners are aggrieved that a general class is made out of students attending government schools without making any endeavour to ascertain the economic condition of the families of the students. On such basis, an immediate order is sought", the Bench had opined in an earlier order dated January 5, 2021.

On Monday the Court directed the respondent authorities to file their counter affidavit within 4 weeks. The matter is slated to be heard next on September 13.

Case Title: Preethika C. v. State of Tamil Nadu

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