The Supreme Court on Friday agreed to examine an appeal filed by the Tamil Nadu government against a Madras High Court decision to set up a committee to “finalise” OBC reservation in State-surrendered seats for the All India Quota in non-central medical colleges.
A three-judge Bench led by Justice L. Nageswara Rao issued notice to the respondents, including the Centre and the Medical Council of India (MCI). They have been asked to respond in two weeks.
Tamil Nadu government, represented by State Additional Advocate General Balaji Srinivasan, said the High Court 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, 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 special leave petition said. The State said the High Court decision 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 argued.
It said the High Court has 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.
