Supreme Court says , Reservation not fundamental right and rejects petition seeking OBC quota in Tamil Nadu medical colleges

The Supreme Court on Thursday once again said that right to reservation is not a fundamental right while rejecting pleas challenging the Centre’s decision to not grant 50% reservation to OBCs in Tamil Nadu medical colleges.

The Supreme Court bench of Justices L Nageswara Rao, Krishna Murari and S Ravindra Bhat said that “right to reservation is not a fundamental right”.

Senior advocate P. Wilson, appearing for DMK, argued against the Centre’s move to proceed with all-India counselling for medical courses, without implementing OBC reservation in Tamil Nadu.

In its petition, DMK argued that in the past academic years, the OBCs were “grossly under-represented” in the all-India quota seats for undergraduate, diploma, PG diploma and PG medical colleges across the country.

“Whose fundamental rights are being violated? Article 32 is available only for violation of a fundamental right. We assume you are all interested in fundamental rights of the citizens of Tamil Nadu,” said the court while replying to the DMK petitioner.

The court told lawyers for DMK, Vaiko, Anbumani Ramadoss, CPI(M), Tamil Nadu Congress and CPI that they are free to approach the Madras High Court with their pleas.

“You should withdraw this and go to the Madras High Court,” the bench said, adding that the liberty was granted to the political parties to do that.

The decision of Centre was challenged for not granting 50 per cent reservation to OBC’s in seats surrendered by Tamil Nadu in the All India Quota for undergraduate, postgraduate medical and dental courses for the present academic session.

They said that in Tamil Nadu, there is 69% reservation for OBCs, SC and ST and within this, OBC reservations are about 50%. The petitions said 50% of OBC candidates must get admissions in the medical colleges out of seats surrendered under the all India Quota, except for central government institutions.

DMK said that the Medical Council of India regulations clearly agrees with the state’s reservation laws too. The parties said that the OBCs were underrepresented in the past many examinations in the state. 

Here is the data compiled by All India Federation of OBC Employees Welfare Associations:

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