Today case relating to OBC 50% reservation in state surrendered seats in All India Quota in medical and dental courses came up for hearing before Supreme Court Bench comprising of Hon’ble Mr Justice L Nageswara Rao, Hon’ble Mr Justice Hemant Gupta and Hon’ble Mr Justice Ravindra Bhat . Mr P Wilson appearing for one of the Petitioners submitted that the Central Government is preventing the Madras High Court from hearing the batch of cases under the pretext that Saloni Kumari case filed in the year 2015 is pending before SC .

Today case relating to OBC 50% reservation in state surrendered seats in All India Quota in medical and dental courses came up for hearing before Supreme Court Bench comprising of Hon’ble Mr Justice L Nageswara Rao, Hon’ble Mr Justice Hemant Gupta and Hon’ble Mr Justice Ravindra Bhat .
Mr P Wilson appearing for one of the Petitioners submitted that the Central Government is preventing the Madras High Court from hearing the batch of cases under the pretext that Saloni Kumari case filed in the year 2015 is pending before SC .

When the batch of Writ Petitions were filed before Madras HC pursuant to liberty granted by SC on 11.6.2020, the central government curiously took a stand that since Saloni Kumari case is pending before SC, High Court should not hear the matter and wait till SC decides the Saloni Kumari case.
He submitted that the pleading and prayer in Saloni Kumari is different from the case filed by Petitioners which is pending before Madras High Court.

Even according to the counter affidavit filed before the Madras HC by Central Government , they are prepared to give 27% reservation to OBC as per the Central Educational Institution( Resrrvation in Admissions )Act 2006
Mr Wilson submitted that in TN state the reservation is 50% for OBC and the Director General of Health Service is only a counselling authority and has no power to choose between state and central reservations.
As per clause 9(IV) of PG regulations, the specific reservation prevailing in that state has to be applied while filling the State contributed seats to All India quota and therefore the central government has to just follow the MCI regulations and give the entitled 50% reservations as per TN reservation Act.
He submitted that Saloni kumari case pending before Supreme Court since 2015 cannot prevent the Madras HC to hear the Writ Petitions and grant reliefs on the basis of MCI regulations .

The Hon’ble judges after hearing him posted the matter to Monday to examine the pleadings in Saloni Kumari case and take decision whether HC can hear the WP’s relating to implementation of OBC reservation.

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