Denial Of Reservation To OBC/SC/ST In UG-PG Medical In All India Quota Under NEET Violative Of Fundamental Rights: Tamil Nadu CPI(M) Petition SC

The Communist Party of India (Marxist) represented by its Tamil Nadu State Secretary has filed a petition before the Supreme Court challenging denial of the statutory reservation for the Other Backward Classes (OBC) i.e. Backward Classes (BC) and Most Backward Classes (MBC) and Scheduled Caste and Scheduled Tribes in Undergraduate and Post Graduate Medical seats of the All India Quota under National Eligibility cum Entrance Test (NEET) in accordance with the state enactments. 

According to the petition, reservation for these seats under the All India Quota under NEET should be provided in accordance with the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act, 1993 in Tamil Nadu and according to the state enactments in the other States. 

The petition states that the respondents hasn’t provided statutory reservations for OBC and anomaly in granting reservations to SC-ST students in admissions to the Under graduate and post graduate medical courses in all medical colleges in Tamil Nadu in the category of ‘state surrendered seats’ to the All India Quota in government and private medical colleges other than the Central Government institutions. 

Thr All India quota seats are contributed by States surrendering seats in the Government and Private medical and dental colleges as per the MCI regulations. According to the applicable MCI and DCI regulations 15% seats are surrendered by State Government and Private Colleges in undergraduate and diploma courses and 50% seats are surrendered to the All India Quota in post graduate courses both in private and government colleges.

The petition has stated that according to Regulation 9 of the Post Graduate Medical Education Regulations, 2000 the reservation of seats in medical colleges or institutions for respective categories will be as per applicable laws prevailing in States or Union Territories where the medical colleges are physically situated.

The Tamil Nadu Act provides for 50% reservation to BCs and MBCs, 18% reservation to the Scheduled Caste and 1% to the Scheduled Tribe. However according to the petitioner still no OBC reservation is given in these States surrendered seats to the All India Quota in Government and Private medical institutions in the State.

The petitioners have also added that even the 27% statutory reservation for OBCs that is applied by the Central Government Institution is not followed for the state surrendered seats for the All India quota, thereby discriminating in implementing reservation of OBC in the State surrendered seats to All India Quota between Central government institutions and non-central government medical colleges. 

The petitioner seeks following directions to be issued;

1. To direct the respondents to follow and apply The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993 granting 50% reservation for OBC (Backward Classes & Most Backward Classes) and 18% reservations for the Scheduled Caste and 1% reservation for Scheduled Tribe for filling up ‘State surrendered seats in All India Quota seats’ (other than in the Central institutions) in the State of Tamil Nadu in Undergraduate & Postgraduate Medical & Dental courses for the academic year 2020-21 and continue to do so for the coming academic years accordingly;
2. To direct the respondents to produce the records pertaining to the Results of NEET-PG, 2020 published on 09/05/2020 by the National Board of examinations relating to the filling up of the All India Quota.
3. To direct the respondents to set aside/ modify/ revise the NEET-PG 2020 published on 09/05/2020 by the National Board of examinations relating to the filling up of the State surrendered seats to All India Quota by providing reservation to OBCs, SC-STs as per The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993.  

Read the petition here;

-India Legal Bureau