[7/27, 12:09] Vijayaragan Mhc Advt: First and foremost- warmest congratulations are due to Chief Justice A P Sahi and Justice Senthilkumar Ramamurthy for their pathbreaking verdict on 27th Oct,2020- CPI (M) v. Union of India, in the matter of reservations for State surrendered/transferred/contributed 15% quota to All India pool in UG/PG medical seats.
Not an easy task in these Pandemic Times on Videoconferencing route. Absolutely tough and hats of to the judges for their pain staking research and pronouncement in double quick time.
They were candid enough to point out that there were ‘decisions’ from Madras, Bombay HCs and a couple from SC which were not brought to their notice by any party. They did the digging and laying their hands on it- which ‘enabled’ them to plough through for a resolution of a vexed issue premised on social justice viz. reservation for OBCs.
A minefield at the best of times to wade into and come out unscathed. The First Bench has done just that.Kudos to them for the ‘restraint not overreach’ in not issuing any mandamus for implementation.
While upholding the right of States to ‘attach’ reservations to 15% surrendered seats- conceded by Government of India in Para 11 of its ‘short affidavit’ aligned with the letter ofDec,2019- of Union Health Minister, the learned judges have guardedly left it to Union/State governments to jointly work out an all India scheme for all India quota.
Judiciary has done its job. It is for the Executive to take over. But learned judges have alluded to power of Parliament to legislate, as well as I’d permissible under thr relevant List in the Constitution, on this for consistency/uniformity and clarity.
Above all, they have safely navigated the haze and maze of labrynthine facts and law and given time till next academic year.
A wonderful order striking the balance between merit( NEET has accounted for it) and reservation ( SC/ST conceded by UOI already means OBC too should be available as a matter of principle) and putting the matter in the lap of Executive and Legislature where it belongs.
A brilliant order- which Chief Justice was cautious to tell the Media ( including me) not to misquote but quote verbatim- from their order which is likely to be uploaded after14.00 hrs.
Three cheers to the First Bench and Madras HC for rendering a clear/categorical verdict despite the rather nebulous stand of Medical Council India- and saving the Modi Government/EPS Government and all political parties in TN to breathe easy together.
They can all take credit and that is no mean task for Judiciary to ensure in these polarised times.
Well, the matter may well be escalated to SC , as is possible, but there is a ‘solution’ that has been constructed for the top court to wade through its own verdicts- Dr. Pradeep Jain downwards to CMC Vellore, if recent vintage. That is no mean achievement from the First Bench which got its licence to go ahead just a few weeks ago viz. Saloni Kumari hurdle.
All is well that ends well and the learned judges can genuinely raise their collars or bands, whichever and feel proud they have achieved the very impossible. ( Narasimhan Vijayaraghavan Advocate, Madras High Court)
[7/27, 12:09] Sekarreporter 1: 🙏🏼🙏🏼