OBC Medical Seat Quota: Chennai High Court order to decide in 3 months!
Posted on: 28/Jul/2020 9:26:08 AM
In the petition filed demanding a special 50% quota for Other Backward Community (OBC) candidates for admission to the medical colleges, the Chennai High Court has ordered that the Central Government has to take a decision in this regard within the next 3 months.
Several political parties including the DMK have joined to file a petition in the Chennai High Court demanding a quota of 50% seats for the Other Backward Community (OBC) candidates seeking admission in the graduate medical courses MBBS, BDS, and also the postgraduate and diploma courses.
This case came up for enquiry, it had ordered this petition must be submitted to the Supreme Court.
In this situation, political parties including AIADMK, DMK, PMK, MDMK, and on behalf of the Tamil Nadu State Government Health Department had filed another petition demanding a 50% quota for the OBC for admission in the postgraduate medical courses. As per the reply petition submitted by the central government in this regard, it had mentioned that if the order is released by the Supreme Court, actions can be initiated to provide a 27% quota that can be accorded to the OBC candidates which can be followed by the respective states.
This quota system can be allowed to be followed. But it must be ensured that the quota does not exceed 50%.
In the final stage of enquiry, the Chief Advocate of the Tamil Nadu State Government Vijay Narayan presented that in Tamil Nadu, 69% reservation quota is being followed. In this stage, it would not be proper for the central government to allow a 27% quota. Further, it is in the state of Tamil Nadu where the maximum number of backward and the most backward community candidates exist. The Supreme Court has informed that based on the caste-wise list of the population, each state can decide to increase the quota over 50%. Further, it would be against the law to reject the quota demands of the other backward community after allotting quota for the SC (Scheduled Caste) and ST (Scheduled Tribe) candidates.
In a similar vein, senior advocate P. Wilson, representing DMK, presented that as per the Supreme Court Order and the Rules and Regulations of the Indian Medical Council, only when the state government had failed to implement the quota, the central government may decide about the quota. Only the organization which undertakes the medical counseling for admissions is the only authority under the central government. However, the authority to decide the quota is entire with the state governments. Further, 3580 seats were allotted to the central government in the last 4 years. More than 2700 candidates belonging to the OBC lost the chance for admission. The advocate argues that in this instance, the central government has taken authority from the state government.
On behalf of the Central Government, the Solicitor General R. Sankaranarayanan and P. R. Raman n behalf of t the Indian Medical Council presented that as per the rules and regulations of the Indian Medical Council, quota system must not be followed for the admission of the postgraduate medical courses.
Admissions must be given based only on merit. At the same time, allotment for the SC/ST candidates is given as per the Supreme Court orders only.
There are various orders from the Supreme Courts and several other High Courts that there is no necessity for quota for the OBC especially in case of admission to postgraduate medical courses. Only if the All India quota has not been fully allotted, the balance quota should be given to the State Government of Tamil Nadu.
Further, in this case, on behalf of the other petitioners, senior advocates R. Thiagarajan, R. S. Sundaresan, Advocates Nanmaran, K. Balu, Richard Wilson, Dinesh, Stalin, and several others presented their arguments.
Subsequently, the Chennai High Court had adjourned the case for the release of the verdict.
This case came up for enquiry before the panel of judge A. P. Sahi, and Judge Senthilkumar Ramamurthy. After the enquiry, in the order released by the above judges, it was stated that the central government can enact a law regarding the allotment of quota for the Other Backward Community for admissions to the graduate/postgraduate medical curses. However, one cannot accept the argument presented by the Indian Medical Council that only the Supreme Court has to decide on the quota. In the academic institutions which are not functioning under the central government, there are no blocks for allotment of a quota for the OBC candidates.
In the rules and regulations of the Indian Medical Council, there is no rule that the quota allotment system should not be followed. All the procedures of admission to medical courses are as per the guidelines/orders issued by the Supreme Court.
The Minimum requirements for admission must be decided by the Central Government and the Indian Medical Council. It is informed that all medical institutions than those belonging to the Central The government have decided to follow the 50% quota. However, they have not enacted any Law on this. Further, the officials of the Department of the health of the State Governments must discuss with the Indian Medical Council and take a decision in this regard. They ordered that the Central Government has to take a decision in this regard within the next 3 months.
