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"The net result is that all States are losing OBC reservations in the seats surrendered to the All India Quota to the detriment of their MBC/OBC students. This has led to a huge loss to students of the OBC categories."
In a late evening move on Thursday, the Dravida Munnetra Kazhagam has approached the Supreme Court against the Centre's failure to implement 50% reservation for Other Backward Classes (Backward Classes and Most Backward Classes) in Tamil Nadu's share of All India Quota seats (other than in the Central institutions) in undergraduate, PG and Diploma Medical and Dental Courses.
The plea drawn by Advocate D Kumanan and to be argued by Senior Advocate P Wilson is primarily challenging the Centre's refusal to implement 50% OBC reservation in the state-surrendered medical seats to the All India Quota for Undergraduate, Post Graduate and Diploma Medical and Dental courses in the State of Tamil Nadu.
"This is despite the Medical council of India regulations clearly contemplating adherence to state reservation laws while filling up of the seats," reads the plea.
In Tamil Nadu, as per The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act, 1993, about 50% reservation has to be reserved for BCs and OBCs.
However, the petition by DMK highlights that "no OBC reservations are given in these State surrendered seats to the All India Quota in non-central Government medical institutions."
"The net result is that all States are losing OBC reservations in the seats surrendered by them to the All India Quota to the detriment of their MBC/OBC students. This has led to a huge loss to the students of the OBC categories," claims the petition.
The plea prays for an interim order restraining the Centre from in anyway proceeding further with All India Counselling for PG seats pursuant to the NEET-PG 2020 results published on May 9, without following the 50% reservation for OBC students in Tamil Nadu.
The plea states that even the Central Government's policy of 27% reservation under the Central Educational Institutions Reservation in Admissions Act (2006) is not being applied. Citing student losses in the recently concluded PG admissions in 2019, it is noted that about 1,973 OBC candidates have lost out a chance due to the Centre's decision.
"8,137 seats were in the All India Quota. Even applying the central reservation of 27%, the total no. of seats to be reserved for the OBC quota under the All India Quota (inclusive of state surrendered seats) is 2,197. However, the seats actually reserved and allotted to OBC candidates is only 224," reads the plea.
It goes on to assert, "if the Central Act provides for 27% reservation for OBC students only in Central government institutions, State reservation of 50% for OBC must also be applied to the State surrendered seats in the All India Quota in non-Central institutions, viz. State Government colleges and private colleges) to avoid any discrimination."
In Tamil Nadu, the total number of State-surrendered seats to All India quota is 866, it is stated. As such, the DMK contends that OBC students from Tamil Nadu are entitled to 50% reservation in these seats.
However, grievance is registered that, "only one seat was allotted to an OBC candidate in TN in a Central Government institution. No other OBC seats were reserved in TN in State surrendered seats in non-central government institution. This is because the Respondents are denying giving effect to the State Reservations even though the MCI regulations states so."
Further, it is added that even this year more than 400 MBC and OBC students have lost out.
"This year also more than 425 MBC/OBC students have lost the opportunity in joining PG courses in Medical Colleges in Tamil Nadu. Likewise, in Under Graduate & Diploma medical courses admissions, out of the more than 795 surrendered seats to All India Quota from State of Tamil Nadu, more than 395 MBC/OBC students have lost the opportunity of entering the course, as 50% reservation was not implemented in All India Quota seats in non-Central government medical colleges seats (government medical colleges and private medical colleges)", states the plea.