Supreme Court rejects pleas for interim relief on OBC quota

Supreme Court rejects pleas for interim relief on OBC quota

27/10/2020

Mr. Sharma, who was supported by the Centre, said the reservation roster had already been fixed by the Directorate General of Health Services.

The NEET results were declared on October 16 and were followed by counselling sessions.

In August, the Tamil Nadu government and the other parties challenged a Madras High Court decision to set up a committee to “finalise” the OBC reservation in State-surrendered seats for the all-India quota in non-central medical colleges.

They objected to how the High Court had declined to straightaway order the Centre and the Medical Council of India (since replaced by the National Medical Commission) to implement 50% reservation for the Backward Classes, the Most Backward Classes and the Denotified Communities in these seats in undergraduate, postgraduate and diploma medical and dental courses, in compliance with reservation rules followed in the State for the academic year 2020-21.

Panel formed

The High Court, in its decision on July 27, declined the mandamus “despite finding there is a clear substantive law providing for State-specific reservation formulated by the MCI”.

“Instead, the court set up a committee when such a committee was unnecessary, consisting of the Directorate General of Health Services, the MCI and the Tamil Nadu government department concerned, to finalise the manner in which the facilities of OBC reservation are to be provided,” the Tamil Nadu government had said.

The State had argued that the High Court was contradicting itself.

“Once the court has determinatively found that the governing law provides for OBC reservation as per Tamil Nadu rules, then the proverbial ‘story’ ends there and the appropriate authorities ought to be directed to apply the law,” the State had argued.