Supreme Court directive to State government

The Supreme Court on Monday, while deciding to examine the constitutional validity of the Tamil Nadu law providing for 69 per cent quota in employment and educational institutions, directed the State government to create additional seats in the first year MBBS for meritorious students affected by the quota law.

A Bench of Justices K.S. Radhakrishnan and A.K. Sikri gave this direction on a petition filed by R. Harshini, who could not secure admission in MBBS despite securing 911{+t}{+h}rank.

Mandal Commission

She contended that she could not get into medical colleges due to the 69 per cent quota law, which has been challenged on the ground that the quota exceeds 50 per cent contemplated in the Mandal Commission judgment.

After hearing senior counsel K.M. Vijayan for students and senior counsel Rakesh Diwedi for the State, the Bench extended for the academic year 2013-2014 its earlier order directing the Tamil Nadu government to create extra seats in medicine and other courses in educational institutions to accommodate those meritorious students in ‘open category’ affected by the 69 per cent reservation policy.

The extra seats will be in excess of the 69 per cent reservation being implemented by the State government every year.

The petitioner said she came well within the cut off mark required for 50 per cent of the total seats available for admission to the medical college in the Government College, as originally announced, including fresh additional seats sanctioned for the academic year 2013-2014 and government seats available in private medical colleges.

She said, “The conduct of the State of Tamil Nadu having exceeded the quantitative restriction of 50% reservation as decided by this court and the failure to identify the creamy layer among the backward classes in State of Tamil Nadu alone resulted in a constitutional injury to the citizens of State of Tamil Nadu against the constitutional mandate, thereby denying a meritorious student to get admission to a professional college in accordance with the Constitution.”

She further said, “The Backward Class Commission, which was directed by the Supreme Court in 2010, while disposing of the earlier petition, to assess the justifiability of 69 per cent reservation on objective criteria filed its report to the State government on July 8, 2011. Without any objective criteria, the Commission simply confirmed 69 per cent reservation on the basis of Amba Shankar Commission Report, which was made in the year 1985 without any objective criteria in terms of `Nagaraj Case which does not permit the power to exceed the quantitative restriction of 50 per cent reservation.”

She said during the academic year 2012-2013, candidates aggrieved by this injury moved this court, which by an interim order directed the Tamil Nadu government to create extra seats to admit the affected students.

For more than 17 years, with a continuous and periodical interim orders granted by this court, extra seats were created for such of those forward community students who were affected by the 69 per cent reservations, she said and sought a similar direction for this academic year too.

  • Petitioner could not secure seat though she had secured 911{+t}{+h}rank

  • She belongs to the class of students who were affected by 69 per cent quota