The Supreme Court on Thursday agreed to examine on July 13 a batch of petitions, including one by Tamil Nadu, against a June 22 order of the Madras High Court keeping in abeyance its plea for the implementation of 50% reservation for Other Backward Classes in admission to the seats surrendered by the State to the All India Quota in undergraduate, postgraduate and diploma medical and dental courses.
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A Bench led by Justice L. Nageswara Rao adjourned the case while calling for the records of a pending case - Saloni Kumari versus Director General of Health Services.
The Saloni Kumari case grabbed centrestage after the Centre convinced the Madras High Court that it dealt with an identical issue. The Centre had urged the High Court to keep the Tamil Nadu case in limbo until the apex court decided the Saloni Kumari case. The Centre had argued that any decision by the Madras High Court ought to follow the Supreme Court's in the Saloni Kumari case.
Senior advocate V. Giri and Additional Advocate General of Tamil Nadu Balaji Srinivasan argued that the High Court has been completely misguided by the respondents, which include the Centre and the Medical Council of India. The Saloni Kumari case only pertains to reservation in the State of Uttar Pradesh and has nothing to with the rest of India and especially, Tamil Nadu. The State said an adjournment has made the apex court's liberty to the State to approach the High Court redundant.
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Senior advocate P. Wilson, appearing for one of the petitioners, submitted that the Saloni Kumari case, pending before Supreme Court since 2015, cannot prevent the Madras High Court from hearing the batch of cases concerning OBC quota in Tamil Nadu.
He pointed out that the Centre has even filed an affidavit in the High Court that it is prepared to give 27% reservation to OBC as per the Central Educational Institution (Reservation in Admissions) Act of 2006.
Mr. Wilson submitted that reservation is 50% for OBC in Tamil Nadu and the Director General of Health Services is only a counselling authority with no power to choose between State and central reservations.
He said the extent of reservation prevailing in each State should prevail while filling the State-contributed seats to the All India quota.
“Therefore the Central government has to just follow the MCI regulations and give the entitled 50% reservations as per Tamil Nadu Reservation Act,” Mr. Wilson submitted.