SC declines interim relief for OBC quota in AIQ seats in TN govt.-run medical colleges

In the last hearing held in the case, the National Medical Commission had said it was not possible to extend OBC quota benefits this year for NEET-UG candidates.

Updated - October 26, 2020 01:09 pm IST

Published - October 26, 2020 01:04 pm IST - NEW DELHI:

File photo

File photo

The Supreme Court on Monday declined to order the interim relief of implementing 50% reservation this year itself for NEET-UG students belonging to Other Backward Classes (OBCs) in medical and dental seats contributed to the All India Quota (AIQ) by State government-run colleges in Tamil Nadu.

A Bench led by Justice L. Nageswara Rao refused the interim relief on separate petitions filed by Tamil Nadu government represented by senior advocate V. Giri, AIADMK represented by advocate Balaji Srinivasan and DMK by senior advocate P. Wilson, among other parties.

In the last hearing held in the case, the National Medical Commission had said it was not possible to extend OBC quota benefits this year for NEET-UG candidates because students had filled their application forms for NEET in January-February itself.

“They had also filled the category under which they were applying. The NEET results would also show this category... The OBC reservation was not open then in January-February,” Mr. Sharma had submitted then.

Mr. Sharma, who was supported by the Centre, had said the reservation roster was already fixed by the Directorate General of Health Services.

The NEET results was declared on October 16 , followed by the counselling sessions.

In August, the Tamil Nadu government and the other parties had challenged a Madras High Court decision to set up a committee to “finalise” the OBC reservation in State-surrendered seats for the All India Quota in non-central medical colleges.

They had objected to how the high court had declined to straightaway order the Centre and MCI to implement 50% reservation for Backward Classes, Most Backward Classes and Denotified Community in these seats in undergraduate, postgraduate and diploma medical and dental courses in compliance with reservation rules followed in the State for the academic year 2020-21.

The high court, in its decision on July 27, had declined the mandamus “despite finding there is a clear substantive law providing for State-specific reservation formulated by the MCI.”

“Instead, the court set up a committee, when such a committee was unnecessary, consisting of the Directorate General of Health Services, the MCI and the Tamil Nadu government department concerned to finalise the manner in which the facilities of OBC reservation are to be provided,” the Tamil Nadu government had said.

The State had argued that the high court was self-contradictory.

“Once the court has determinatively found that the governing law provides for OBC reservation as per Tamil Nadu rules, then the proverbial ‘story’ ends there and the appropriate authorities ought to be directed to apply the law. The committee therefore is aimless and entirely redundant,” the State had argued.

It said the high court had further excluded OBC reservation for the current academic year – despite finding that there is a legal right. This has denied a number of deserving OBC candidates seats in the All India Quota for 2020-2021.

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