The Communist Party of India (Marxist) represented by its Tamil Nadu State Secretary has moved before the Supreme Court in a plea challenging the denial of the statutory reservation for the Other Backward Classes (OBC) i.e. Backward Classes (BC) and Most Backward Classes (MBC) and Scheduled Caste and Scheduled Tribes in Undergraduate and Post Graduate Medical seats of the All India Quota under National Eligibility cum Entrance Test (NEET) in accordance with the state enactments.
The petition contended that “providing professional education for marginalized people is very much essential not only for empowering such sections of society but also for a democratization of the entire society and gradual eradication of caste oppression, discrimination, and casteism. It will also provide an opportunity for talented students belonging to these backward classes who are not able to secure competitive marks because of historic reasons for prolonged subjugation and their economic and social circumstances.”
According to the petition, reservation for these seats under the All India Quota under NEET should be provided in accordance with the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and Appointments or Posts in the Services under the State) Act, 1993 in Tamil Nadu and according to the state enactments in the other States.
“The Union of India and statutory bodies like Medical Council, Dental Council, etc. have grossly failed to provide the statutory reservations for Other Backward Classes (OBC) and anomaly in granting reservation to SC-ST students in admissions to the Undergraduate and Post Graduate medical courses in medical and dental colleges in Tamil Nadu in the category of ‘state surrendered seats to the All India Quota’ in Government and private medical colleges other than the Central Government institutions,” alleged the petition.
The petition further stated that according to Regulation 9 of the Post Graduate Medical Education Regulations, 2000 the reservation of seats in medical colleges or institutions for respective categories will be as per applicable laws prevailing in States or Union Territories where the medical colleges are physically situated.
The Tamil Nadu Act provides for 50% reservation to BCs and MBCs, an 18% reservation to the Scheduled Caste, and 1% to the Scheduled Tribe. However according to the petitioner still no OBC reservation is given in these States surrendered seats to the All India Quota in Government and Private medical institutions in the State.
The petitioners contended that even the 27% statutory reservation for OBCs that is applied by the Central Government Institution is not followed for the state surrendered seats for the All India quota, thereby discriminating in implementing reservation of OBC in the State surrendered seats to All India Quota between Central government institutions and non-central government medical colleges.