Reservation not a fundamental right: SC dismisses pleas seeking implementation of OBC quota in Tamil Nadu medical courses

Reservation not a fundamental right: SC dismisses pleas seeking implementation of OBC quota in Tamil Nadu medical courses

In a ruling in February, the SC had held there is no fundamental right to claim reservation in public jobs and no court can order a state to provide for reservation to SC/STs.

Published: 12th June 2020 10:00 AM | Last Updated: 12th June 2020 10:00 AM 

For representational purposes

By Express News Service

NEW DELHI: The Supreme Court on Thursday said reservation is not a fundamental right as it refused to admit a batch of petitions seeking the implementation of 50% reservation for other backward classes (OBCs) for state-surrendered seats in the all-India quota for undergraduate and postgraduate medical courses in Tamil Nadu.

“We appreciate the concern of all the political parties for the welfare of backward classes. But reservation is not a fundamental right,” a three-judge bench led by Justice L Nageswara Rao told the lawyers appearing for various parties including the AIADMK, DMK, Tamil Nadu Congress Committee, CPI and CPI(M).All withdrew their petitions with a liberty to approach the Madras High Court.

In a ruling in February, the SC had held there is no fundamental right to claim reservation in public jobs and no court can order a state to provide for reservation to SC/STs.

The petitions were filed by the CPI, DMK and some of its leaders asking for 50% OBC reservation in seats surrendered by Tamil Nadu in the All India quota for under graduate, post graduate medical and dental courses in 2020-21.

They said that in Tamil Nadu, there is 69% reservation for OBCs, SC and ST and within this, OBC reservations are about 50%.The petitions said 50% of OBC candidates must get admissions in the medical colleges out of seats surrendered under the all India quota, except for central government institutions.

“Denial of admissions to OBC candidates is a violation of their fundamental right,” stated the pleas, asking for a stay on the counselling under NEET till the reservation is given.

The bench observed verbally that no case was made out for the petitioners to approach the top court directly under Article 32 — a remedy available under the Indian Constitution if there is violation of a fundamental right.

“Whose fundamental rights are being violated? Article 32 is available only for violation of fundamental rights. We assume you are all interested in fundamental rights of the citizens of Tamil Nadu. But right to reservation is not a fundamental right,” observed the bench.

J Radhakrishan replaces Beela Rajesh as TN's health secretary amid surge in COVID-19 cases

J Radhakrishan replaces Beela Rajesh as TN's health secretary amid surge in COVID-19 cases

J Radhakrishan served as Principal Health and Family Welfare secretary for over seven years before transferred and posted as Revenue Administration Commissioner. 

Published: 12th June 2020 11:59 AM | Last Updated: 12th June 2020 12:06 PM 

Tamil Nadu's new Health secretary J Radhakrishnan (Photo | Twitter)

By Express News Service

CHENNAI: As COVID-19 cases in the State are spiking day by day, State Government transferred health secretary Beela Rajesh and posted J Radhakrishan, Revenue Administration Commissioner as new Health Secretary on Friday.

In its Government Order (GO) dated 12 June the Government said, Beela Rajesh, principal secretary Health and Family Welfare Department transferred and posted as Secretary to commerical taxes and Registration department vice Muruganandam, IAS. 

J Radhakrishan, Revenue Administration Commissioner transferred and posted a principal secretary health and family welfare. He will also hold full additional charge as Revenue Administration Commissioner. 

It may be noted J Radhakrishan served as Principal Health and Family Welfare secretary for over seven years before transferred and posted as Revenue Administration Commissioner.

Plea In Madras HC To Enforce Strict Lockdown Measures In Chennai [Read Petition]

Plea In Madras HC To Enforce Strict Lockdown Measures In Chennai [Read Petition] 

LIVELAW NEWS NETWORK

11 Jun 2020 1:26 PM 

Aggrieved by a sudden spike of reported Covid cases in the city, practicing Advocate N. Tamilarasu has moved the Madras High Court seeking implementation of an absolute lockdown within the limits of the Greater Chennai Police. 

The writ petition filed through Advocates S. John, J. Raja Singh and V. Vasanthakumar, seeks forthwith withdrawal of all the relaxations related to the COVID-19 lockdown, and urges that the administration be directed to permit movement for only essential services, until the situation is brought under control. 

Relying on certain media reports, the Petitioner pointed out that when the lockdown was announced, there were only 26 cases in Tamil Nadu however, as on date there are over 20,000 confirmed Covid cases in Chennai alone. 

"Even though in many parts of the Tamilnadu the spread and intensity of COVID-19 pandemic has been under control, but in the capital city within the jurisdiction of Greater Chennai Police the intensity of the pandemic is very high and is increasing day by day based on the Tamilnadu Government's Media Bulletin reports," the Petitioner asserted. 

Citing another news report the Petitioner submitted that the state was likely to witness over 1 lakh Covid positive cases in the following months and hence, urged that implementation of lockdown is necessary to curb the spread of the deadly virus. 

"If no strict lockdown is enforced in the jurisdiction of Greater Chennai Police and further relaxations are executed there shall be an irreversible damage done to the health and life of the general public within jurisdiction of Greater Chennai Police," the Petitioner urged before the Court. 

The Petitioner has thus sought strict enforcement of lockdown in the city while stating, "without strict lockdown across Chennai it is very difficult to maintain social distancing and this puts the life of the every family member of the person(including the aged and children) at huge risk." 

The plea avers that that the State Government has failed to implement the objectives of the Disaster Management Act, 2005 in letter and spirit. 

"The State of Tamilnadu ought to have implemented the objectives of the Disaster Management Act, 2005 scientifically by balancing the economy and also not exposing the general public to danger of COVID - 19. But the situation of COVID — 19 in the jurisdiction of Greater Chennai Police has been more swayed towards the economic activities and not Protection of Life of the general public," he has asserted. 

Considering the gravity and urgency of the matter thus, the Petitioner has contended that it may not be the right decision to relax the lockdown in the jurisdiction of Greater Chennai Police.

HC approached for NEET centre in Gulf nations

HC approached for NEET centre in Gulf nations

11/06/2020

A writ petition was filed on Wednesday in the Kerala High Court seeking a directive to the Centre and the National Testing Agency to allot centres for National Eligibility Cum Entrance Test (NEET) in Qatar and other Gulf countries.

The petition was filed by Abdul Azeez, general secretary, Kerala Muslim Cultural Centre, Qatar. According to the petitioner, the entrance test was scheduled on July 26.

The number of expatriates who returned to Kerala, especially from the Gulf countries, was very few.

The children of those staying back in these countries who had applied for the examination would be severely impacted in the absence of exam centres in the Gulf countries.

Name does matter for 1,018 areas

Name does matter for 1,018 areas

Coimbatore - should be called “Koyampuththoor”

11/06/2020

When it comes to names of over 1,000 cities, towns and localities in the State, one cannot any longer ask “what’s in a name?"

As many as 1,018 places have been provided with a new name or rather a new spelling. Here are some of the examples: One of the important industrial cities in the south - Coimbatore - should be called “Koyampuththoor.” Ambattur, known for housing a large industrial estate in the State, has been rechristened as “Ambaththoor.” A major Tier-II city in the northern belt of the State – Vellore – is to be known as “Veeloor.” “Vepery,” an old locality of Chennai, will have to be called “Vepperi.”

N. Panchampatti, a place in Dindigul district, has been renamed as “Ni. Panchampatti.” Of course, Dindigul should be called hereafter “Thindukkal.”

These are highlights of a Government Order issued by the Tamil Development and Information department in April, which is out in the public domain only recently. The issue of the order follows an announcement in the Assembly two years ago that anglicised names of the areas be changed closer to their original names in Tamil. Apart from District Collectors, a high-level committee headed by Minister for Tamil Official Language and Culture, K. Pandiarajan, went into the matter.

For each of the 1,018 places, the order mentions the name in Tamil, the existing English name, the one suggested by the Collector concerned and the recommendation of the committee. Hereafter, it is for the departments of Revenue & Disaster Management, Municipal Administration & Water Supply, and Rural Development & Panchayat Raj to carry out the order.

Doctor at PHC takes distancing rule a little too far — literally

Doctor at PHC takes distancing rule a little too far — literally

Clip shows him examining boy standing over 2 m away

11/06/2020

A video grab shows the patient separated by a ramp from the doctor.

Special Arrangement

In the wake of the COVID-19 pandemic, doctors and healthcare professionals have been known to take various precautions while checking the vitals of patients visiting them.

But one doctor attached to a primary health centre (PHC) in Kandamangalam, Villupuram district, took the distancing dictum too far — literally.

A video clip of the incident that took place in Kandamangalam went viral on Tuesday.

In the minute-long clip, the doctor, Prakash, is seen using a torch to screen a boy standing at a distance of over 2 m from him.

The boy had visited the PHC with a complaint of sore throat.

The duo are separated by a ramp. Poonjolai, a multi-purpose health worker, is seen asking the boy if he is experiencing pain in his throat.

The doctor then prescribes medicines on a small piece of paper and hands it over to Poonjolai, who in turn gives it to the boy. The health worker is then seen asking the boy to collect medicines from a counter on the premises.

Explanation sought

A senior official in the Health Department said that the doctor’s act of formally using a torchlight to screen the patient from a considerable distance was wrong.

The Department has sought an explanation from the doctor and the health workers, and action will be initiated based on their reply, he

State govt. offices to remain shut on second Saturdays

State govt. offices to remain shut on second Saturdays

Disinfection and fumigation work to be undertaken

11/06/2020

The additional monthly off is only a temporary arrangement to contain the spread of COVID-19.

All State government offices, including the Secretariat on the Fort St. George campus, will remain shut on second Saturdays of the month, starting this week, for disinfection and fumigation work, in view of the increasing number of COVID-19 cases reported among employees.

It also means that at least half the State government employees will get an additional day off every month. The Tamil Nadu government last month decided to operate its offices with half the workforce, on a six-day working week, with effect from May 18. However, the additional monthly off is only a temporary arrangement for containing the spread of COVID-19.

“Disinfection was being undertaken even before, but there are increasingly more cases being reported. So we have decided to close offices for disinfection and fumigation works from this weekend,” a senior official told The Hindu.

A G.O. issued in this regard stated that government offices would be closed on second Saturdays “to undertake comprehensive cleaning, sanitising of all government offices”, by adopting guidelines issued by the Centre. Disinfection and fumigation works will go on during the following day, on Sunday, too.

When asked about the demand of employees and representatives from the Tamil Nadu Secretariat Association (TANSA) to go back to the system of allowing only 33% of the workforce, in view of the increasing number of COVID-19 cases on campus, the senior official said that it was still being scrutinised.

“We will see if the two-day cleaning and fumigation work during the second weekend of a month is effective and then decide on whether to go for 33% workforce,” he said.

The officer said that though it had not been officially announced that only 33% of staff were to work, a few employees were still opting to take casual leaves and the government had not strongly reacted to them.