Reservation not a fundamental right, says Supreme Court
The bench made it clear that no one can claim reservation as a matter of right and hence it cannot be construed as a violation of fundamental rights if quota benefits do not come by.
The Supreme Court on Thursday (June 11) said reservation was not a fundamental right, as it refused to entertain pleas of various political parties challenging the Centre’s decision not to grant 50 per cent reservation to OBCs in medical seats surrendered by the state in the All India Quota.
A bench comprising Justices L Nageswara Rao, Krishna Murari and S Ravindra Bhat made it clear that no one could claim reservation as a matter of right and hence it could not be construed as a violation of fundamental rights if quota benefits do not come by. “Right to reservation is not a fundamental right. That’s the law today,” Justice Rao said.
The justices asked lawyers for Dravida Munnetra Kazhagam, Tamil Nadu Congress Committee, CPI and CPI(M), and politicians Vaiko and Anbumani Ramadoss to approach the Madras High Court with their pleas.
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The bench, appreciating the political parties for coming together for a cause, but maintained that the contention of the petition cannot be accepted. It said, “whose fundamental rights are being violated? Article 32 is available only for violation of fundamental rights. We assume you are all interested in the fundamental rights of the citizens of Tamil Nadu. But right to reservation is not a fundamental right.”
The political parties had challenged the decision of Centre not to grant 50 per cent reservation to OBCs in seats surrendered by Tamil Nadu in the All India Quota for under graduate, post graduate medical and dental courses in the current academic session.
