The Writ petitions seeking 50% reservation in UG and PG medical admissions in State surrendered seats came up for admission in the Madras High Court before the Division Bench of Honble Justice R SUBBIAH and Honble Justice KRISHNAN RAMASAMY today 16.6.2020 Mr AR L SUNDARESAN Senior Advocate appeared on behalf of AIADMK Party law minister CV Shanmugam the petitioner in the writ petition. He made the submissions that
[6/16, 11:29] Sekarreporter 1: The Writ petitions seeking 50% reservation in UG and PG medical admissions in State surrendered seats came up for admission in the Madras High Court before the Division Bench of Honble Justice R SUBBIAH and Honble Justice KRISHNAN RAMASAMY today 16.6.2020
Mr AR L SUNDARESAN Senior Advocate appeared on behalf of AIADMK Party law minister CV Shanmugam the petitioner in the writ petition.
He made the submissions that
AIADMK Party filed the writ petition before the Madras High Court praying for a Mandamus to grant 50% reservation for OBC in the UG and PG medical admissions in the 50% seats surrendered from the state to the Centre for admission.
The prime argument of the petitioner is that in the State of Tamilnadu 50% seats are reserved for BC and MBC candidates as per the provisions of the T N Backward Classes Schedule Castes and Schedule Tribes (Reservation of Seats in Educational Institutions and of Appointments of posts in the services under the state) Act 1993.
The Central Government is also providing reservation though upto 27% for OBC in admissions as per The Central Educational Institutions ( Reservation in Admission) Act 2006.
But in respect of the surrendered seats alone no rule of reservation is followed.
This defeats Social Justice to the Backward Classes.
MCI Regulations also provides that admissions should be made following the rules of reservation as prevailing in the respective States. Hence as far as TN is concerned 50% reservation as per the TN 1993 Act has to be followed.
TN 1993 Act if included in Schedule IX of the Constitution and that has also received the assent of the President of India.
The Supreme Court in 2009(17) SCC 705 in the case of ABHAY NATH vs UNIVERSITY OF DELHI has held even in respect of the seats filled up by the centre from the seats surrendered by the State as stated above reservation for SCand ST is applicable.
The same ratio will apply to reservation for OBC also .
Hence the non reservation of seats for OBC in the State Surrendered seats is against
MCI regulations, The State Law, the Central Law as well as the Judgment of the Honble Supreme Court .
It will amount to denial of Social Justice.
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