Mr AR L SUNDARESAN Sr Advocate, Appeared on behalf of AIADMK Party in the OBC Reservation case in UG and PG Medical Courses and Dental Courses in the ALL INDIA QUOTA seats. The prime argument was that the ALL INDIA QUOTA seats are not surrendered seats to the Central Government, they are Contributed Seats to the ALL INDIA QUOTA only. The Said seats are not INSULATED from reservation for SC, ST and. OBC.read full
That Rule 5(5) of the Medical Council of India Regulations for UG courses and Rule 9(4) of the Medical Council of India Regulations for PG admissions provided for Reservation as per the rules prevailing in the respective states.
That the said rule is binding on the Union of India also and when SC and ST reservation is granted in ALL INDIA QUOTA seats , the argument that there cannot be reservation for OBC deserves to be rejected. And that in the State of TN 69% reservation is the rule as per the State Reservation Act 1993 which is in the IX Schedule. As such as per Art 15(5) of the Constitution, 1993 State Law and MCI Regulation 5(5) and 9(4) reservation should be granted in ALL INDIA QUOTA seats also as per the State Percentages .
