How can State reservation be same for All India Quota seats?: Madras HC

How can State reservation be same for All India Quota seats?: Madras HC

Court says AIQ purpose defeated if State reservation is implemented

Published: 11th August 2021 06:51 AM 

By Express News Service

CHENNAI: The Madras High Court on Tuesday wondered how a State’s reservation policy can be applied to All India Quota (AIQ) seats as the very purpose of AIQ seats would be defeated once State reservation is implemented.

Noting that the demography of every State differs, the court asked whether an OBC in Rajasthan can be considered an OBC in Tamil Nadu and whether they would get reservation under the TN reservation policy.

The court made theses oral observations on a contempt petition filed by the DMK for non-implementation of 69 per cent (50 per cent OBC) reservation in the State-contributed seats to AIQ. The first bench, comprising Chief Justice Sanjib Banerjee and Justice P Adikesavulu, observed, “Since these are AIQ seats, meant for students from other States as well as students from Tamil Nadu, a separate reservation policy must be followed.

Many States like Meghalaya do not have reservation for OBCs at all. Can such States insist that they will follow only the State reservation in the seats surrendered by them?” Senior advocate P Wilson, representing the DMK, explained, “We have a common list for the purpose of such AIQ seats issued by the Union government and approved by the State. Once it is accepted by the State it becomes the government-approved list.”

“Moreover, the fight for reservation is not for me or my party. It is for the people. The downtrodden and the more suppressed class have to get their share,” he added. Additional Solicitor General of Supreme Court KM Nataraj contended that if State reservation is permitted for OBCs in AIQ seats it will lead to two different scenarios. “All along SC and ST reservation was provided in the AIQ seats only based on the Central Act. Now, if this is allowed, we have to adopt State reservation for OBCs alone which will lead to confusion,” he added. The bench recorded the submissions and adjourned the plea to August 17.

Issue at hand

The court noted that the demography of every State differs, and asked whether an OBC in Rajasthan can be considered an OBC in TN and whether they would get reservation under the TN reservation policy. The issue pertained to a contempt petition filed by DMK for non-implementation of 69 per cent reservation