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Medical admission: Madras HC directs Centre to form committee to decide on OBC reservation in AIQ

Hearing a batch of petitions challenging the decision of Centre not to provide OBC reservation in all-India seats for medical admission, the Madras High Court has directed the Central government to constitute a committee to decide on the issue within 3 months. Committee's decision shall be applicable only from the next academic year.

Medical admission
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Published : Jul 27, 2020, 3:22 PM IST

Chennai: The Madras High Court on Monday directed the Central government to constitute a committee to decide on the issue of providing OBC reservation in all-India seats (AIQ) surrendered by Tamil Nadu for medical admission.

Such a committee comprising representatives from Centre, state and Medical Council of India should be constituted within three months, the court said.

The first bench of Chief Justice AP Sahi and Justice Senthil Kumar Ramamoorthy also made it clear that any decision made by the committee shall be applicable only from the next academic year.

Read:| Plea in HC seeking exemption from paying road tax for school, college vehicles

Asserting that there was no legal bar in providing OBC reservation in AIQ seats as contended by the MCI, the bench that said it was not passing a positive order to provide the reservation only because of settled law that courts cannot interfere in policy matters of the government, unless in cases where fundamental rights are affected.

"Reservation is not a legal or fundamental right," the court added.

The bench passed the order on the batch of petitions moved by the Tamil Nadu government, the DMK, AIADMK, PMK and other political parties challenging the decision of the Centre not to provide OBC reservation in AIQ seats for medical admission.

Disposing of the petitions, the court also observed that it is open for the Centre to pass any legislation to provide OBC reservation in AIQ seats for medical admission.

PTI report

Read:| Supreme Court asks Madras HC to decide on plea for OBC quota in medical courses

Chennai: The Madras High Court on Monday directed the Central government to constitute a committee to decide on the issue of providing OBC reservation in all-India seats (AIQ) surrendered by Tamil Nadu for medical admission.

Such a committee comprising representatives from Centre, state and Medical Council of India should be constituted within three months, the court said.

The first bench of Chief Justice AP Sahi and Justice Senthil Kumar Ramamoorthy also made it clear that any decision made by the committee shall be applicable only from the next academic year.

Read:| Plea in HC seeking exemption from paying road tax for school, college vehicles

Asserting that there was no legal bar in providing OBC reservation in AIQ seats as contended by the MCI, the bench that said it was not passing a positive order to provide the reservation only because of settled law that courts cannot interfere in policy matters of the government, unless in cases where fundamental rights are affected.

"Reservation is not a legal or fundamental right," the court added.

The bench passed the order on the batch of petitions moved by the Tamil Nadu government, the DMK, AIADMK, PMK and other political parties challenging the decision of the Centre not to provide OBC reservation in AIQ seats for medical admission.

Disposing of the petitions, the court also observed that it is open for the Centre to pass any legislation to provide OBC reservation in AIQ seats for medical admission.

PTI report

Read:| Supreme Court asks Madras HC to decide on plea for OBC quota in medical courses

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