CHENNAI: The Madras High Court on Tuesday observed that its order last year was clear that the reservation followed by the State concerned (50 per cent in Tamil Nadu) has to be applied for the All India Quota (AIQ) seats surrendered by the States for admission to medical courses, and not 27 per cent provided under the Central Act. The court directed the Central government to file a detailed report explaining why only 27 per cent reservation was ordered and has to be followed.
The court made the observation on a contempt petition filed by the DMK for non-implementation of 69 per cent (50 per cent OBC) reservation in State-contributed seats to the AIQ. Senior counsel P Wilson, arguing for the DMK, pointed out that the issue was settled before the Supreme Court and it had has upheld the findings of the high court that the 1993 Act would apply to the AIQ and therefore submitted that the quantum of reservation of 27 per cent is not acceptable to the DMK, and 50 per cent reservation for OBCs has to be given by the Union government in AIQ to the State-surrendered seats.
Additional Solicitor General R Shankaranarayanan, appearing for the Union government, said the total reservations cannot exceed 50 per cent, and granting 50 per cent reservation to OBCs alone would go against the order of the Supreme Court in the Maratha’s case.
The first bench, comprising Chief Justice Sanjib Banerjee and Justice P Adikesavulu, pointed out that the Union government order dated July 29, which allegedly implemented the High Court order on reservation in AIQ, prescribes 27 per cent reservation for OBCs, 15 per cent for SCs, 7.5 per cent for STs and 10 per cent for EWS, the total of which comes to 59.5 per cent, and wondered whether the stand of the Central government is tenable.
The bench told the Central government to comply with the court order of 69 per cent reservation as it was confirmed even by the Supreme Court, and directed it to file a report by August 8.