OBC candidates being denied reservation: Doc tells HC
TNN | Jul 3, 2019, 04.34 AM IST
Chennai: Claiming that candidates belonging to other backward communities (OBC) are being denied reservation, as provided under the Constitution, in admissions to UG and PG medical courses under all India quota in colleges other than those funded by the Central government for the past 10 years, a city-based doctor has approached the Madras high court alleging discrimination.
The illegality has been done through the provisions of the Central Educational Institutions (reservation in admissions) Act, in the guise of providing reservation for SC/ST/OBC candidates to certain central education institutions, explained doctor G R Ravindranath.
The act never stands in the way of central government to restrict the applicability of the reservation other than central education institution in so far as medical admission to all India quota is concern. The act neither takes away the right of reservation of a citizen guaranteed under the Constitution, nor direct the central government to restrict the applicability of reservation guaranteed under the Constitution only to central education institutions as defined under the act, he added.
“Section 4 of the Act, which furnishes a schedule of institutions for which the present act will not apply. The schedule enclosed along with the act consists of eight institutions that too run by the central government. Section 4 further emphasise that the act should not apply to minority education institution and programs of the post-doctoral level. Hence it is very clear that the act never intended to take away or restrict the OBC reservation guaranteed under the constitution for institutions other that what was defined under the act. It is a self-contained code applicable to those institutions mentioned in the act and it is not meant to travel beyond that,” Ravindranath said.
However, in the information bulletin issued for the admissions to UG and PG medical courses for 2019-20 it is clear that the 27% reservation for OBC is provided only in seats Central Educational Institutions, the petitioner pointed out.
Noting that all India quota is not a reservation and it is only a concession, or in other words, an understanding by which certain percentage of seats are surrendered by the state and union territory to the central government, the petitioner said, “In the case of UG medical admission, it is 15% of the total number of seats and 50% in the case PG medical admission. The surrendering of the seats will not take away the right of reservation guaranteed under the constitution.”
The central government is also aware of the fact that there cannot be any denial of reservation while allotting seats under all India quota, but however they may be under a wrong notion or probably may be ill-advised to restrict the OBC reservation only to central education institutions. Since the process and action is discriminatory, the petitioner has no other alternative or efficacious remedy available in law, except to approach the court he contended.
He wanted the court to direct the authorities to provide OBC reservation under all India quota in all the colleges across the country.
The plea is likely to be taken up for hearing on July 3.
TNN | Jul 3, 2019, 04.34 AM IST
Chennai: Claiming that candidates belonging to other backward communities (OBC) are being denied reservation, as provided under the Constitution, in admissions to UG and PG medical courses under all India quota in colleges other than those funded by the Central government for the past 10 years, a city-based doctor has approached the Madras high court alleging discrimination.
The illegality has been done through the provisions of the Central Educational Institutions (reservation in admissions) Act, in the guise of providing reservation for SC/ST/OBC candidates to certain central education institutions, explained doctor G R Ravindranath.
The act never stands in the way of central government to restrict the applicability of the reservation other than central education institution in so far as medical admission to all India quota is concern. The act neither takes away the right of reservation of a citizen guaranteed under the Constitution, nor direct the central government to restrict the applicability of reservation guaranteed under the Constitution only to central education institutions as defined under the act, he added.
“Section 4 of the Act, which furnishes a schedule of institutions for which the present act will not apply. The schedule enclosed along with the act consists of eight institutions that too run by the central government. Section 4 further emphasise that the act should not apply to minority education institution and programs of the post-doctoral level. Hence it is very clear that the act never intended to take away or restrict the OBC reservation guaranteed under the constitution for institutions other that what was defined under the act. It is a self-contained code applicable to those institutions mentioned in the act and it is not meant to travel beyond that,” Ravindranath said.
However, in the information bulletin issued for the admissions to UG and PG medical courses for 2019-20 it is clear that the 27% reservation for OBC is provided only in seats Central Educational Institutions, the petitioner pointed out.
Noting that all India quota is not a reservation and it is only a concession, or in other words, an understanding by which certain percentage of seats are surrendered by the state and union territory to the central government, the petitioner said, “In the case of UG medical admission, it is 15% of the total number of seats and 50% in the case PG medical admission. The surrendering of the seats will not take away the right of reservation guaranteed under the constitution.”
The central government is also aware of the fact that there cannot be any denial of reservation while allotting seats under all India quota, but however they may be under a wrong notion or probably may be ill-advised to restrict the OBC reservation only to central education institutions. Since the process and action is discriminatory, the petitioner has no other alternative or efficacious remedy available in law, except to approach the court he contended.
He wanted the court to direct the authorities to provide OBC reservation under all India quota in all the colleges across the country.
The plea is likely to be taken up for hearing on July 3.
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