Read Time: 06 minutes

The Madras High Court has dropped contempt proceedings against the Central government in a petition filed by the Dravida Munnetra Kazhagam (DMK) alleging deliberate and willful violation of the High Court’s 2020 ruling on the issue of implementing reservation for Other Backward Classes (OBC) in All India Quota (AIQ) medical college seats for the academic year 2021-2022. The court observed that the 27% OBC reservation offered by the Centre in its Jul 29 notification was permissible, subject to the Supreme Court's formal approval of the same.

However, the Court expressed its doubts regarding the validity of extending a 10 percent reservation for Economically Weaker Sections (EWS) in AIQ seats, and directed that the same is not permissible without the Supreme Court's approval.

DMK contended in its contempt plea that the Centre’s proposal to implement 27% OBC quota in AIQ seats is unacceptable, and that instead 50 percent reservation as envisaged under the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act, 1993 should be availed to OBCs in the state.

Delivering the present order the court noted that unlike the present case, where there is something to go by, this court did not have the advantage of any suggestion from any quarter while delivering its judgment in the batch of writ petitions, as to what extent of OBC reservation should apply or why.

“What the judgment may be seen to have done is to implore the Union to bring about a legislation while being aware of the impermissibility on the part of any court to issue a writ in the nature of mandamus to any legislature to bring about any legislation,” the Court added.

Noting that first the elephant in the room has to be banished, the Court observed that it is inconceivable that all states having government-run medical colleges would give up a percentage of seats to an All India Quota, but would retain the right to enforce reservation in such quota as per state norms.

Court also observed that if the Parliament had legislated on the matter, that may have given a quietus to the matter. Observing thus, the court ruled that reservation in the AIQ seats for admission to under-graduate, post-graduate and diploma medical and dental courses in the states should be uniform, and only be made upon the approval of the Supreme Court.

"Logically, if the AIQ seats are thrown open to candidates across the country, there cannot be reservation to one extent in one state and reservation to another extent in another state," Court added.

Case Title: DMK v. Rajesh Bhushan and Ors.
Edited by Shreya Agarwal