The Tamil Nadu government moved the Supreme Court Thursday (July 02), seeking a direction to the Madras High Court to expeditiously decide pleas challenging the Centre’s decision not to grant 50 per cent quota to OBCs in medical seats surrendered by the state in all India quota for undergraduate, postgraduate and dental courses in 2020-21.
It has assailed the June 22 high court order, which refused to grant any interim order on the OBC quota row and adjourned the hearing till July 9, saying that a similar petition was already scheduled to be heard on July 8 by the Supreme Court. “…let us wait and see what transpires (on July 8),” the high court had said.
The state government and some political parties such as DMK, AIADMK, CPI (M), Tamil Nadu Congress Committee and CPI had moved the high court after the Supreme Court, on June 11, refused to entertain their petitions and asked them to approach the high court.
The high court has in effect declined to take up the writ petitions in spite of the fact that the respondents (Centre, MCI and others) had virtually conceded to the prayer sought for in the writ petition.
“The high court has failed to appreciate that the respondents are stalling adjudication of the issue. The (high) court has been misled by the respondents’ contentions and has unjustifiably kept the Petitioners writ petition in abeyance till this court issues orders in an ostensibly identical matter…which is tentatively listed for July 08,” it said.
The high court had refused to pass any interim order on the pleas after taking note of the Centres submission that since 1986 no reservation has been provided in the All-India quota seats for medical admission as per the apex court directive. “The same was modified after 10 years, providing reservation for SC/ST,” the counsel for the Centre had told the HC.
“In 2015, pleas were moved to seek OBC reservation, which is still pending before the apex court, which has to take a call and modify the order,” the counsel said. The state government and various political parties have challenged the Centres decision not to grant 50 per cent reservation to OBCs as per Tamil Nadu law.
Some of the petitioners, in their interim prayers before the High Court, had sought to stall the ongoing admissions for PG medical courses. The pleas had alleged that the Centre also did not follow its own policy of 27 per cent reserved seats for OBCs under the 2006 Act.