Madras HC Upholds 27% OBC Reservation In AIQ Seats In Medical Colleges; Doubts Validity Of EWS Quota Without SC Approval

The Madras High Court on Wednesday held that Centre's notification dated July 29, 2021 implementing 27 percent reservation for Other backward Classes (OBC) candidates in All India Quota (AIQ) seats of medical colleges in Tamil Nadu may be permissible subject to the Supreme Court's formal approval of the same. The Court passed the judgment in a contempt plea filed by the Dravida Munnetra Kazhagam (DMK) over the delay in implementing OBC reservations for AIQ seats of medical colleges in the State for the academic year 2021-2022 despitethe  High Court's earlier decision directing such an implementation. 

A Bench comprising Chief Justice Sanjib Banerjee and Justice PD Audikesavalu however expressed its reservations regarding the validity of extending a 10 percent reservation for Economically Weaker Sections (EWS) in AIQ seats and thus observed that the same is not permissible without the Supreme Court's approval. The Bench also held that there had been no 'wilful or deliberate' violation on the part of the Central government in implementing the High Court's earlier decision dated July 27, 2020 on this issue. 

The Court on Wednesday thus rejected the contention of the DMK that OBC candidates must be eligible for 50 percent reservation as envisaged under 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. 

It was also held by the Court that the reservation provided by the Centre for OBC, Scheduled Caste, Scheduled Tribe and Persons with Disabilities in its July 29 notification pertaining to reservation in AIQ seats appears to be in accordance with law. 

"AIQ seats must be uniform across all States except in States which do not have any medical or dental colleges", the Bench opined further. 

The Bench on Wednesday observed that 'on the face of it, the provision of additional reservation above 50 percent as permitted by the 103rd Constitutional amendment appears to fall foul of the Indra Sawhney case'. However, the Bench refused to make any conclusive pronouncement on this issue since its validity is currently pending reservation before the Supreme Court's Constitution Bench. 

The Court in its judgment also remarked that reservations were a concept that was envisioned by the Constituent Assembly to be in force only for a certain limited period of time. Thus, merit may ultimately decide matters of appointment, admission and promotion, the Court stated. 

Case Title: DMK v. Rajesh Bhushan

Click Here To Read/Download Judgment 

Also Read: Centre's Proposal To Reserve 27 Percent Seats For OBC Candidates In AIQ Seats In Medical Colleges Not Acceptable: DMK Tells Madras High Court