No med admission sans OBC quota in AIQ: HC

MADRAS HC GIVES GOVT ONE WEEK

No med admission sans OBC quota in AIQ: HC

Centre Has No Choice, Rules Court

Sureshkumar.K@timesgroup.com

Chennai:20.07.2021 

This year’s medical admissions now hinge on the Union government implementing OBC reservation in All India Quota (AIQ) MBBS seats in state government colleges.

The Madras high court, slamming the Centre for its wilful disobedience of the July 27, 2020, judgment favouring BC reservation in AIQ, made it clear that admission into colleges in the state could now be only upon implementing such a quota. The court gave the Union government one week to indicate the mode of implementation of OBC quota in AIQ category.

“Not to implement the reservation is not a choice to the Union government,” the first bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy said, concurring with the submissions of senior advocate P Wilson.

‘Centre bid to skip OBC quota derogates order of HC’

The judges said on Monday, “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.”

The court made the observations on a contempt plea moved by DMK against the Centre for failing to implement the high court order dated July 27, 2020 to provide OBC reservations in UG and PG medical courses from the present academic year.

When the plea came up for hearing, senior advocate P Wilson contended that despite the clear direction of the court to implement the reservation from the present academic year, the Union has now taken a stand that it cannot implement the same pending disposal of the Saloni Kumari case before the SC.

The apex court has made it clear that the Saloni Kumari case has nothing to do with the present case. Despite such clarification, the Union is refusing to implement the orders of this court, Wilson said.

Recording the submissions, the bench said, “It now appears that the Centre 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 SC.”

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 said.

The court then adjourned the hearing to July 26 for the union to file its affidavit.