SEKAR REPORTER

Court News from Madras High Court

Union Government is denying OBC reservations in UG & PG courses in medical and dental courses. The steps taken by the DMK party is summarised hereunder:-

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THIS DATES AND EVENTS IS RELEASED DUE TO WRONG FACTS BEING CIRCULATED IN THE SOCIAL MEDIA
The DMK has been demanding the Union Government to implement lawful OBC reservations in State Surrendered Seats in All India Quota (SSS-AIQ) for the past two years since it came to light that the Union Government is denying OBC reservations in UG & PG courses in medical and dental courses. The steps taken by the DMK party is summarised hereunder:-
1. 25.7.2019- Mr P.Wilson takes oath as MP in Rajya Sabha. Mr MK Stalin, President of DMK assigns the work of Securing OBC reservations in All India Quota in state contributed seats and orders him to work for it.
2. 26.07.2019 – Maiden Speech delivered by DMK MP Mr. P.Wilson in the Rajya Sabha calling for implementation of OBC reservation in SSS-AIQ in medical and dental seats.
3. 01.11.2019- Letter sent by DMK MP Mr. P. Wilson to Union Minister of Health and Family Welfare Dr. Harshvardhan regarding implementation of OBC Reservation in Medical & Dental courses
4. 21.11.2019- A notice was issued on behalf of DMK Party in Parliament to discuss the issue of OBC reservation in medical and dental seats.
5. 22.11.2019 – Then Leader of Opposition and present Hon’ble Chief Minister of Tamil Nadu Mr. M.K. Stalin demands the Prime Minister for a white paper on OBC reservation in medical and dental seats.
6. 06.12.2019 – Speech by DMK MP Mr. P.Wilson before the Rajya Sabha demanding reservation for OBC in UG/PG/Diploma courses in Medical & Dental colleges
7. Issue was raised periodically by DMK MPs Mr. TR Baalu, Ms. Kanimozhi Karunanidhi, Mr. A Raja, Mr. Tiruchi Siva before the Lok Sabha & Rajya Sabha regarding OBC reservations in medical and dental seats.
8. 18.12.2019 – Thiru Harsh Vardhan Hon’ble Union Health Minister writes to Mr P. Wilson that the OBC reservation can be given only after the case before Supreme Court filed by Salonikumari is heard and decided. This letter is an important document which decided the fate of OBC reservations which formed the fulcrum in the proceedings before Madras High Court.
9. 06.01.2020 – On the advise of Leader of DMK and present Chief Minister, Mr P. Wilson met Hon’ble Union Health Minister regarding OBC Reservation in medical and dental seats and a letter was submitted to the Health Minister by Mr. P. Wilson regarding the non-implementation of OBC Reservations in medical and dental seats all over India.
10. 9.5.2020- The DGHS releases PG admission result without implementing OBC reservations in State contributed seats.
11. 11.05.2020 – Letter sent by DMK MP Mr. P. Wilson to the Union Minister of Health and Family Welfare regarding the failure of the Union Government to implement OBC reservation in Medical & Dental seats and releasing the results.
12. 15.05.2020 – Leader of Opposition and present Hon’ble Chief Minister of Tamil Nadu Mr. M.K. Stalin condemns Union Government since there was no proper response from them regarding the OBC reservation in medical and dental seats.
13. 27.05.2020 – Leader of Opposition and present Hon’ble Chief Minister of Tamil Nadu Mr. M.K. Stalin condemns the failure to follow Social Justice in medical education.
14. 29.05.2020 – Public Interest Litigation filed by the DMK Party seeking OBC reservation in the Medical seats in W.P (C) No. 507 of 2020 before the Hon’ble Supreme Court of India. (DMK IS THE FIRST POLITICAL PARTY TO FILE A CASE ON THIS ISSUE)
15. 31.05.2020 – All party meeting via videocall held by the DMK Party to condemn the Union Government intentionally not implementing OBC reservations in medical and dental seats with ulterior motive.
16. 11.06.2020 – Mr P Wilson MP, Senior Advocate appears and argues for DMK which is the lead case before Bench comprising of Hon’ble Mr Justice L Nageswara Rao and Ravindra bhat. The Hon’ble Supreme Court felt that the issue ought to be agitated before the Madras High Court under Article 226 of the Constitution and gives liberty to file before Madras High Court.

17. 11.06.2020 – with in few hours of giving liberty by Hon’ble Supreme Court, DMK files Writ Petition No. 8326 of 2020 before the Hon’ble Madras High Court to direct the State and Union Government to implement the 50% OBC (BC &MBC) reservations and SC/ST reservations in the State surrendered seats in All India Quota in UG PG and Diploma Medical & Dental Courses. Other political parties also file cases.

18. 16.6.2020- All the Writ Petitions were listed before Hon’ble Mr Justice R Subbiah Bench. The Bench orders notice returnable by 22.6.2020

19. 19.06.2020 – Union Government file a common counter affidavit before the Hon’ble Madras High Court that Saloni Kumari Case is pending before Supreme Court and reservations cannot be granted now in this Writ Petition and that all Writ Petitions should be dismissed.

20. 22.6.2020 – Learned ASG for Union Government objects for hearing of all the Writ Petitions on the ground of Saloni Kumari case pending before Supreme Court and seeks for deferment of hearing till the Supreme court decides the matter. Madras High Court adjourns the matter on the ground that only after the disposal of the Saloni Kumari case pending before the Supreme Court, it will hear the case filed by the DMK.

21. 13.7.2020 – Mr P.Wilson MP, Senior Advocate moves the Hon’ble Supreme Court of India by filing SLP to direct the High Court to hear the case. Supreme Court summons the case papers in Saloni Kumar and after hearing the arguments of Mr P.Wilson Senior Advocate, finds that the case in Saloni Kumari and the Writ Petitions filed before Madras High Court is entirely different and hence directs the Madras High Court to proceed with the case as expeditiously as possible.

22. 27.07.2020 – After hearing the arguments of Mr P.Wilson Lead counsel in the Writ petitions and other counsels, the Hon’ble first Bench comprising of Hon’ble Mr Justice Ajit Prakash Sahi and Hon’ble Mr Justice Senthil Kumar Ramamoorty of Madras High Court passed order in W.P. No. 8326 of 2020 and batch of cases holding that the reservation for OBC candidates is permissible and there are no legal or constitutional impediment to extend 69% reservation including OBC & SC/ST and directed the formation of a 4 member Committee to provide the terms of implementation of such reservation and such court appointed 4 member committee to give its report with in 3 months and further directed the Union of India to implement reservations for OBC from 2021 onwards in All India State contributed seats.

23. 7.9.2020 – 4 Member committee formed

24. 26.10.2020 – SLP filed by state government. After hearing arguments of Mr P.Wilson Senior Advocate and other counsels , the Bench headed by Hon’ble Mr Justice L Nageswara Rao, of the Hon’ble Supreme Court of India directed to implement order of Hon’ble Madras High Court from academic year 2021 onwards and thus confirms OBC reservations in SSS-AIQ from academic year 2021 in medical and dental courses.

25. Nov 2020- Union Government releases NEET MDS bulletin in which reservation for 2021 in SSS-AIQ not shown.

26. 4.11.2020 – DMK issues Contempt Notice through P.Wilson for violation of the order of Hon’ble Madras High Court.

27. 27.11.2020 – Contempt Petition filed by the DMK Party before the Madras High Court highlighting the failure of the Union Government to comply with order dated 27.07.2020 passed by the Madras High Court. (ONLY POLITICAL PARTY TO FILE THE CONTEMPT PETITION)

28. 19.07.2021 – The Hon’ble First Bench comprising of Hon’ble Chief Justice Mr Sanjib Baneerjee and Hon’ble Mr Justice Senthil Kumar Ramamoorthy after hearing the arguments of Mr P.Wilson Senior Advocate for DMK, and ASG for Union Government, held that Union Government has committed contempt. The first bench directed the Union Government to indicate the mode and manner of implementation of 69% of OBC reservation in the State for admission to Medical and Dental Colleges. The Hon’ble Court also ordered that the admission in the relevant colleges (medical and dental) in the State can be done only upon implementing such reservation quota and posted the case to 26.7.2021.
29. 26.7.2021 – Solicitor General appearing for the Union Government undertakes to comply with the orders of Hon’ble Madras High Court.
30. 29.7.2021 – The Union Government accedes to the Legal fight of DMK and complies with the order of court and declares that 27% reservation will be implemented in all state contributed seats to All India Quota.

Thus DMK has paved way by this legal struggle to get OBC reservation through out India and about 5000 medical seats (MBBS,PG courses) will be made available to OBC students. This is a great victory for social justice.

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