Several political parties in Tamil Nadu joined hands to file a petition in the Supreme Court. This petition aimed to seek implementation of Reservation for OBC candidates across the state in the all India NEET seats.
What Is The Petition About?
The petitioners, led by the DMK in this case, were several political parties who wished to represent the interest of the community. The parties asserted- the community does not have adequate representation, and the centre has been turning a deaf ear to the issue. The students affected belong to the Undergraduate, Postgraduate, PG Diploma and Diploma courses. The respondents in this petition were Centre and Medical Council of India ( National Medical Commission will soon replace the IMC).
The counsel representing petitioners, P Wilson argued that the party does not wish to plead an extension to the current reservations. The plea only demands implementation of the allotment of seats already promised. A gross violation of regulations pertaining to Reservation leads to lack of opportunities, says the counsel.
Supreme Court’s Opinion
The petition was filed by way of section 32 under the constitution. This provides for filing of PIL in case of violation of Fundamental Rights. Although the counsel argued for the same, SC dismissed the petition sighting that Reservation is not a fundamental right. The bench opinionated that the right to file petitions under section 32 is only for gross violation of FR which do not seem to be the case here as MCI deliberates adherence to state laws when it comes to seats.
The apex court suggested moving to Madras High Court for the matter. Centre’s decision not to provide 50% reservation to OBCs under the surrendered by TN in the All India Quota motivated the petition.
Centre has given no prudent justification for not implementing the 50% quota, says DMK. TN currently provides 69% of the seats as reserved to the SC, ST and OBCs. Out of which 50% belong to OBC candidates. The state government surrenders about 15%of the seats to the All India Quota, mentioned the plea.
The plea also incorporated a request for an ad-interim injunction to restrain from conducting NEET until the 50% quota is implemented.