“Right To Reservation Is Not A Fundamental Right” Says SC On Pleas For 50% OBC Quota In TN Medical Colleges

The Supreme Court today has refused to entertain petition filed against denial of statutory reservation for the Other Backward Classes (OBC) 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).

A three-judge Bench of Justice Nageswara Rao, Justice Krishna Murari and Justice Ravindra Bhat while refusing to entertain the petition, have given the petitioners the liberty to approach the High Court.

The Petition was filed under Article 32 of the Indian Constitution and had challenged the denial of statutory reservation for the Other Backward Classes (OBC) 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). The results of NEET-PG were published May 9th 2020 and the admission process is going on, while the NEET-UG exams for the academic year 2020-21 are also scheduled and the process has been started.

During the hearing today, the petitioner clarified before the Court that they are only asking for MCI provisions to be followed as the OBC reservation is not being implemented, and are not asking the court to add any reservation.

The Bench questioned the petitioners as to whose fundamental rights are being violated in this situation since Article 32 is available only for violation of fundamental rights.

“We assume you are all interested in FR of the citizens of Tamil Nadu” the Bench said

Justice Nageswara Rao stated that right to reservation is not a fundamental right, and since the petitioners are interested in 50% reservation in state of Tamil Nadu, they should withdraw the petition and approach the Tamil Nadu High Court.

Adv Wilson responded by stating that fundamental right that is being violated is that the law prevalent in state of Tamil Nadu is not being implemented

“We appreciate all the political parties upholding interests. We are not going to entertain writ petition “, the Bench said

Adv Wilson responded to the Bench’s statement and stated that when affected persons cannot approach court, the political parties will certainly come forward to represent them. He added that the 50% reservation also came because of a political fight, and affects a lot of OBC persons.

The Bench however refused to entertain the petition asking the Petitioner counsel to not make any more submissions and gave them the liberty to move the High Court.

-India Legal Bureau