OBC Quota is Remedy for Past Historical Discrimination: DMK to SC on reservation in AIQ medical seats

"It is submitted that social justice is a facet of equality which is a fundamental right and policy of reservations is to setoff inequality, bridge the gap between equals and un-equals, remove manifest imbalance for those lagging behind, and remedy the past historical discrimination and injustice done to a social class of people. It is an affirmative action and positive declaration," pointed out the DMK party before the Apex Court.

Back in 1986 the All India Quota scheme was introduced under the direction of the Apex Court as the court had directed to provide domicile-free merit-based opportunities to students from any state for securing MBBS admission in any of the states in the country.

AIQ quota includes 15% of total available undergraduate seats and 50% of post graduate seats in the government medical colleges. Although there was no reservation in the AIQ seats until 2007, in that year, a 15% reservation for SCs and 7.5% reservation for STs were introduced.

Medical Dialogues had earlier reported that while disposing of the contempt plea of the Dravida Munnetra Kazhagam (DMK) against the Centre, the Madras High Court bench comprising of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu, on August 25, had approved the July 29 notification of the central government providing 27 percent reservation to OBC (other backward classes) candidates for admission in central medical colleges under the all-India quota (AIQ).

However, the matter was challenged before the Supreme Court also and the battle regarding the OBC/EWS reservation in the AIQ seats has been going on for quite some time.

Also Read: Supreme Court Sets Aside Madras HC Observations on EWS Quota in AIQ Medical Admissions

As per the latest media report by the Times of India, recently, the DMK party submitted before the Apex Court that "The OBC candidates have been deprived of thousands of seats by the Union of India in the previous years. Vide the impugned notice the Union has set right the anomaly for OBCs after a period of 13 years. The granting of impugned reservations of 27% for OBC's in the SCS-AIQ ( All India Quota seats State contributed Seats) would benefit around 4,000 students this year and would cause a positive domino effect on the society at large."

"It was only after initiating contempt petition before the high court by DMK, Union government conceded to the legal fight initiated by DMK, and issued the notice declaring that 27% reservation to OBC in all state contributed seats to All India Quota.

The Union in the counter affidavit filed before the Madras high court termed that granting of reservation as a policy decision even though it is only complying with the orders of high court," further pointed out the political party DMK.

Pointing out that granting reservation is for bringing the deprived section to the mainstream and offer them equality, DMK further stated, "It is submitted that social justice is a facet of equality which is a fundamental right and policy of reservations is to setoff inequality, bridge the gap between equals and un-equals, remove manifest imbalance for those lagging behind, and remedy the past historical discrimination and injustice done to a social class of people. It is an affirmative action and positive declaration."

The party also opposed the plea for quashing of Centre's notification and mentioned that it was not sucking off seats as described by the petitioners.