SC Refuses To Entertain Pleas Against Denial Of OBC Reservation In NEET All India Quota ; Grants Liberty To Move HC

The Supreme Court on Thursday refused to entertain a batch of pleas seeking to restrain the Centre from proceeding with all India counselling for UG and PG medical courses, without implementing 50% OBC reservation in Tamil Nadu. 

A bench of Justices L. Nageswara Rao, Krishna Murari & Ravindra Bhat expressed disinclination to entertain the petitions, following which the petitioner chose to withdraw the same.

The court has however granted them liberty to approach the High Court.

Political parties Communist Party of India (Marxist) Tamil Nadu wing  and Dravida Munnetra Kazhagam (DMK) were among the petitioners

"We appreciate the political parties coming up before us, but we are not inclined to entertain this", the bench remarked at the outset.

The petitioners submitted that they were asking for implementation of the OBC reservation, for which provisions are already there, and not to make any new reservation.

"What is the fundamental right to reservation?", observed Justice L Nageswara Rao in response.

The bench said that the remedy of Article 32 of Constitution was available only for violation of fundamental rights, and asked "whose fundamental rights were being violated in the instant case?"

"We are happy to see so many political parties at the same platform for the same cause, something unusual for Tamil Nadu", the bench remarked, before allowing the petitioners to withdraw the plea.

Background 

The petitions contended "there is no rational basis for not extending the benefit of 50 per cent reservation for OBCs, as envisaged under the State laws of Tamil Nadu, to the State-captured seats in the All India Quota"

In light of this, it is averred that providing professional education for marginalised people is very much essential not only for empowering such sections of society but also for democratisation of the entire society and gradual eradication of caste oppression, discrimination and casteism. It will also provide an opportunity for talented students belonging to these backward classes who are notable to secure competitive marks because of historic reasons of prolonged subjugation and their economic and social circumstances.

The reservation has its backing in the state legislation 'The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act,1993', and that similar enactments are in force in other states too.

The plea is filed, praying for the following relief-

i) Direction to the Ministries of Health and Family Welfare, HRD, Social Justice and Empowerment, the Medical Council of India and the National Board of Examinations to follow and apply The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation ofSeats in Educational Institutions and of appointments or posts in the Services under the State) Act,1993 granting 50% reservations for OBC (Backward Classes & Most Backward Classes) and18% reservations for Scheduled Caste and1% reservation for Scheduled Tribe for filling up 'State surrendered seats in All India Quota seats' (other than in the Central institutions) in the State of Tamil Nadu in Undergraduate & Postgraduate medical & dental Courses for the academic year 2020-21 and continue to do so for the coming academic years accordingly.

ii) Direct the Respondents herein to produce the records pertaining to the Result of NEET-PG, 2020 published on 09.05.2020 by the National Board of examinations relating to the filling up of the All India Quota.

iii) Direct the Respondents herein to set aside/modify/revise the NEET-PG 2020 so published relating to the filling up of the State surrendered seats to All India Quota by providing reservation to OBCs, SC-STs as per the 1993 Act.