HC slams Govt over Non-implementation of OBC reservation in AIQ Medical Admissions
Chennai: Observing that not implementing OBC reservation in respect of All India Quota (AIQ) seats is not a choice to the Union Government, the Madras High Court on Monday has directed the Centre to make known its stand as to the mode and manner of implementation of the 50% OBC reservation within a week before adjourning the matter to be next heard on July 26.
Strongly Criticizing the Union Government for its willful disobedience of the earlier order of the court, the High Court bench comprising of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy noted, "The Union government's attempt to not implement the OBC reservation quota in respect of the All India Quota (AIQ) seats for admission to medical courses in the state in the academic year 2021-22 appears to be contumacious, in derogation of the order dated July 27, 2020, passed by this court and contrary to the representation made before the Supreme Court."
"Not to implement the reservation is not a choice to the Union government," further noted the bench on Monday.
In its July 27, 2020 order, the first bench, then led by Chief Justice AP Sahi, had held that there was no constitutional and legal impediment to the extension of reservation for OBCs in the state-surrendered seats. It directed the Central government to constitute a committee, consisting of State medical authorities and the Medical and Dental Councils of India in providing reservation for Other Backward Class (OBCs) under the AIQ in state-run colleges, adds PTI.
Medical Dialogues had earlier reported that the Madras High Court had directed the Central government to form a panel comprising state officers to formulate a method to implement OBC reservation in All India Quota medical seats in non-central institutions.
A division bench of Chief Justice AP Sahi and Justice Senthilkumar Ramamoorthy had observed that the decisions to be taken by the panel, with respect to the OBC reservation, would not apply to the present academic year but to the next academic year.
Such a committee, comprising representatives from the Centre, state and erstwhile Medical Council of India should be constituted within three months, the court said while passing the order on a batch of petitions moved by the Tamil Nadu government, DMK, AIADMK, PMK and other political parties, challenging the Centre's decision of not providing OBC quota in AIQ seats for medical admission.
Contending that this order was not given full effect to, TKS Elangovan of the DMK filed the present contempt petition.
As per the latest media report by the Times of India, when the matter came up for hearing on Monday, senior advocate P Wilson argued that despite the clear direction of the court to implement the reservation from the present academic year, the Central Government has resorted to a stand where it has expressed its inability to implement the pending proposal before the disposal of the Saloni Kumar case before the Supreme Court.
He further contended that the Union Government is refusing to implement the earlier directions of Madras High Court, even though the Apex Court has clarified that the Saloni Kumar case has nothing to do with the present case.
At this outset, the HC bench was quoted observing by TOI, "It now appears that the union seeks to change track and keep the implementation of the OBC reservation as per the 1993 state act in suspension till the Saloni Kumari case is decided by the Supreme Court."
"Prima facie, it is completely unacceptable that despite the union representing before the Supreme Court that the OBC reservation would be implemented in respect of the AIQ seats in this state in terms of the order of July 27, 2020, passed by this court, the union would now not implement the reservation on the specious ruse that the Saloni Kumari matter had first to be decided by the Supreme Court," the bench further noted before listing the matter to be next heard on July 26.
This comes after the Union Government had recently submitted to the Madras High Court that it had no objections against implementing the 50% OBC reservation under all India quota (AIQ) to medical admission, and clarified that such a step would only be taken after placing it before the Apex Court.