Decided on October 26,2020

UNION OF INDIA Respondents


- (1.)Leave granted.
The grievance of the Appellant is the non-implementation of reservation for the Other Backward Classes (OBC) candidates in medical seats contributed by the State of Tamil Nadu to the All India Quota. The Appellant and several others filed writ petitions in the High Court of Judicature at Madras for a direction to the Respondents to implement reservation for OBC candidates in the medical seats surrendered to the All India Quota by the State of Tamil Nadu. The writ petitions were disposed of by the High Court by a judgment dated 27.07.2020. The High Court observed that there is no legal or constitutional impediment for extending the benefit of reservation to the Other Backward Class candidates in the State surrendered All India Quota seats of the under-graduate and postgraduate medical courses in the State-run medical colleges within the State of Tamil Nadu. However, the High Court was of the opinion that implementation of the reservation should be after a joint deliberation between the Central Government, Medical Council of India and the State Government. The High Court was of the opinion that the implementation of reservation as prayed by the writ petitioners cannot be done for the present academic year as that would disturb the selection process that has been set into motion. The High Court directed the Union of India to convene a meeting and finalise the manner in which the facilities of OBC reservation should be provided against the All India Quota from the next academic year.

(2.)The State of Tamil Nadu has filed the above SLPs being aggrieved by that part of the judgment which denied the implementation of reservation for OBCs in admissions to Government run medical colleges in All India Quota for the current academic year i.e. 2020-2021. At present, we are concerned with the extension of the benefit of reservation to OBC candidates in the All India Quota for admission in Government-run medical colleges in the State of Tamil Nadu for the academic year 2020-2021.
(3.)We have heard Mr. V. Giri, learned Senior Counsel, Mr. Balaji Srinivasan, learned Additional Advocate General along with Mr. M. Yogesh Kanna appearing for the State of Tamil Nadu, Mr. P. Wilson, learned Senior Counsel along with Mr. R. Nedumaran appearing for the intervenor, Mr. Balbir Singh, learned Additional Solicitor General appearing for the Union of India and Mr. Gaurav Sharma appearing for the National Medical Commission (formerly known as Medical Council of India).

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