The Supreme Court has been moved in a writ petition by the Communist Party of India (Marxist)'s Tamil Nadu wing against denial of statutory reservation for the OBCs i.e.Backward Classes (BC) and Most Backward Classes (MBC) and the SC and ST in Undergraduate and Post Graduate Medical Seats of the All India Quota under NEET.
The reservation has its backing in the state legislation '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', and that similar enactments are in force in other states too.
It is contented in the Petition, to be argued by Senior Advocate P. V. Surendranath, that providing professional education for marginalised
people is very much essential not only for empowering such sections of society but also for democratisation of the entire society and gradual eradication of caste oppression, discrimination and casteism. It will also provide an opportunity for talented students belonging to these backward classes who are notable to secure competitive marks because of historic reasons of prolonged subjugation and their economic and social circumstances.
"The Union of India and statutory bodies like Medical Council, Dental Council etc. have grossly failed to provide the statutory reservations for Other Backward Classes (OBC) andanomaly in granting reservation to SC-ST students in admissions to the Undergraduate and Post Graduate medical courses in medical & dental 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", alleges the Petition drafted and filed through Advocates Subhash Chandran KR & Biju P Raman.
It is explained that the 'All India Quota' seats are contributed by States surrendering seats in the Government and private medical and dental colleges as per the MCI & DCI regulations. As per the applicable MCI & 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 postgraduate courses both in private and government colleges.
It is further averred that the "Regulations on Graduate Medical Education" were introduced in the year 1997 for the admissions to Undergraduate medical courses. "Postgraduate Medical Education Regulations" was introduced in the year 2000 for the admissions to medical PG courses. As per these Regulations the reservation of seats in medical colleges or institutions for respective categories shall be as per applicable laws prevailing in States/Union Territories where the medical college is physically situated.
"Unfortunately, even after the introduction of above said rules, regulations and landmark rulings of the Courts, the statutory reservation has not been provided to the Other Backward Classes (OBC) and SC-ST students in the All India Quota (AIQ) seats for undergraduate and postgraduate medical courses throughout the country in the past academic years", the petitioner-organisation laments.
It states that Medical and Dental colleges under the Central Government follow the Central Educational Institutions Reservation in Admissions Act, 2006 and provide 27% reservations to the OBCs. But the Medical & Dental Counselling Committees are not applying State's laws on reservations to these State surrendered seats to the All India quota in respective States.
The plea is filed, praying for the following relief-
i) Direction to the Ministries of Health and Family Welfare, HRD, Social Justice and Empowerment, the Medical Council of India and the National Board of Examinations to follow and apply The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation ofSeats in Educational Institutions and of appointments or posts in the Services under the State) Act,1993 granting 50% reservations for OBC (Backward Classes & Most Backward Classes) and18% reservations for Scheduled Caste and1% 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.
ii) Direct the Respondents herein to produce the records pertaining to the Result 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.
iii) Direct the Respondents herein to set aside/modify/revise the NEET-PG 2020 so published relating to the filling up of the State surrendered seats to All India Quota by providing reservation to OBCs, SC-STs as per the 1993 Act.