New Delhi: The Supreme Court on Monday asked the Madras High Court to take a decision on the petitions challenging the Centre’s decision not to grant 50 per cent quota to OBC in medical seats which were surrendered by Tamil Nadu in all India quota for medical courses in 2020-21.
The batch of petitions also includes a petition filed by the Tamil Nadu government.
A bench of Justices L. Nageswara Rao and Hemant Gupta, taking up the matter through video conferencing, said irrespective of another case pending here, the Madras High Court should decide on the matter.
The state government has challenged the Madras High Court’s June 22 order which declined any interim order on the OBC quota row, as it adjourned the matter till July 9, citing that a petition similar in nature was scheduled to be taken up for hearing before the apex court on July 8.
The state government had moved the top court on June 11, which asked it to move the Madras High Court.
“The High Court has erroneously acceded to representations made by the respondents and unjustiably kept in the Petitioner’s writ petition in abeyance till this court issues orders in an ostensibly identical matter in Saloni Kumari v Director General Health Services & Ors which is tentatively listed for July 8,” said the Tamil Nadu government in its plea.
The state government contended that it seeks direction to provide 50 per cent reservation for Backward Classes, most Backward Classes and the Denotified Community in admission to shared seats in postgraduate, undergraduate and diploma medical and dental courses.
Various political parties and the Tamil Nadu government have challenged the Centre’s decision to not grant 50 per cent reservation to OBCs as per state law.
“Moreover, the High Court has ignored the fact that this court in order dated June 11 has, instead of entertaining the Petitioner’s petition under Article 32 of the Constitution, expressly granted liberty to the Petitioner to seek relief before the High Court under Article 226,” said the state government plea.
A group of petitioners, in their interim prayers in the Madras High Court, attempted to stop the ongoing process of admissions in postgraduate medical courses, but it declined to pass any interim order on the petitions after taking on record the Centre’s contention that from 1986 reservation has not been provided in the AIQ (All India quota) seats for medical admission, which is in accordance with the directive of the top court.