SLP by government of Tamil Nadu for implementation of 50% reservation of seats for backward classes in medical colleges

WHAT YOU NEED TO KNOW 

• A Special Leave Petition has been filed by the Tamil Nadu Government in the Supreme Court against the non-implementation of Backward Class reservations in admission to seats shared by the State to the All India Quota in Medical colleges of Tamil Nadu
• Based on the representations of the Union Health Ministry, Human Resource Development Ministry and the DG of Health Services, the Madras High Court had adjourned the matter till 09 July
• The aforementioned parties informed the High Court about a similar matter of Saloni Kumari vs. DG Health Services and stated that the reservations would be implemented on a state to state basis under the OBC quota for the AIQ seats
• The Petition seeks directions for 50% reservation quota  for Backward Classes, Most Backward Classes and the Denotified Community  under the Undergraduate, Postgraduate and Diploma courses in medical and dental courses

WHAT ARE THE CONTENTIONS OF THE TN GOVERNMENT

• It has been contended by the Petitioners that the High Court has adjourned the matter without any rationale even when the Centre had partially admitted to the prayer that had been sought in the petition
• Further, the petitioner claims that the High Court failed to acknowledge that there is no stay order or injunction for implementation of the OBC reservation in AIQ seats.
• Additionally, it has been pointed out that the High Court wanted the petitioners to wait for the results in the matter of Saloni Kumari which raises the issue of reservation for OBC seats only in Uttar Pradesh and not the rest of India
• A provisional reservation may be provided in the academic year 2020-21 for OBCs to the surrendered AIQ seats 

TAMIL NADU BACKWARD CLASSES, SC & ST (RESERVATION OF SEATS IN EDUCATIONAL INSTITUTIONS AND OF APPOINTMENTS OR POSTS IN THE SERVICES UNDER THE STATE) ACT, 1993

• Section 4(1) of the Act provides for the reservation in respect of the annual permitted strength in each branch or faculty for admission into educational institutions in the State, for the Backward Classes of citizens and the persons belonging to the Scheduled Castes and the Scheduled Tribes, shall be sixty-nine per cent.
   
• Further the section provides for bifurcation where 30% seats are to be reserved for Backward classes, 20% in cases of Most Backward classes and Denotified Communities, 18% for the Scheduled Castes and 1% for the Scheduled Tribes
   
• Section 6 of the Act conveys that the claims of the students or members of the backward classes, SCs and STs for reservations are not to be affected with respect to section 4 and 5 of the Act.

DO YOU THINK THE STATE OF TN WAS RIGHT IN ITS APPROACH TO KNOCK THE DOORS OF THE APEX COURT WITHOUT WAITING FOR THE HC ORDERS?

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