HC: How can govt apply state-specific OBC quota to AIQ?
Sureshkumar.K@timesgroup.com
Chennai:11.08.2021
How could Tamil Nadu’s reservation formula of 50% for OBCs be followed under All India Quota (AIQ) MBBS seats, wondered the Madras high court, adding that the very purpose of AIQ would be defeated if state-specific quota is applied.
“The demography of every state is different. Can an OBC in Rajasthan be considered an OBC in Tamil Nadu and will they get reservation under the Tamil Nadu reservation policy,” the first bench of Chief Justice Sanjib Banerjee and Justice P D Audikesavalu asked on Tuesday.
State reservation can be applied only to the unfilled AIQ seats which are returned to the state pool, the court added. Since AIQ seats are meant for students from other states and those from Tamil Nadu, a separate reservation policy must be followed. Many states like Meghalaya do not have OBC reservation. Can such states insist that they will follow only state reservation in the seats they surrender, the bench wondered.
“If you want state reservation, then how does it become AIQ, it becomes your (state) seat,” the judges said.
Senior advocate P Wilson, representing the DMK, said: “We have a common list for the purpose of such AIQ seats issued by the central government and approved by the state. Once it is accepted by the state it becomes the government approved list.”
The issue pertains to a contempt plea moved by the DMK against the Centre for failing to provide 50% OBC reservation in AIQ seats surrendered by the state for admission to medical courses as directed by the HC from the current academic year.
Earlier, additional solicitor-general of SC K M Nataraj, representing the Centre, said, “All along SC and ST reservation has been provided in AIQ seats only on the basis of the Central Act. Now, if this is allowed, we have to adopt state reservation for OBCs alone which will lead to confusion.”
Recording the submissions, the bench adjourned the hearing to August 17.
State reservation can be applied only to the unfilled AIQ seats which are returned to the state pool, the court said
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