Reservation Not a Fundamental Right, Says SC on Pleas for Quota for OBC Aspirants in TN Medical Colleges

A bench headed by Justice L Nageswara Rao was unconditionally said that nobody can claim right to reservation as a fundamental right, and hence not giving the quota benefits cannot be construed as a violation of any constitutional right.

A petition claiming violation of fundamental rights by not keeping seats reserved in the medical colleges in Tamil Nadu for its OBC students was filed in Supreme Court under Article 32.The plea was directed against the Respondents (Centre, Medical Council of India (MCI) and Tamil Nadu government) denying the implementation of 50 per cent OBC policy of the state, other than in central government institutions.

The petition was filed by CPI, DMK and some of its leaders . They said that in Tamil Nadu, there is 69 per cent reservation for OBCs, SC and ST and within this, OBC reservations are about 50 per cent.The petition said 50 per cent of OBC candidates must get admissions in the medical colleges out of seats surrendered under the all India Quota, except for central government institutions.

But the Supreme Court did’nt accept such submissions, and questioned how a petition under Article 32 could be maintainable when there was no fundamental right to have reservation benefits.  

The court said it appreciates that different political parties in Tamil Nadu coming together for a cause but the top court cannot entertain a plea.

The bench allowed them to withdraw the petitions and move the High Court for any relief.

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