Thread by @barandbench

Madras High Court hears pleas filed by various political parties in Tamil Nadu seeking 50% OBC reservation in All India Quota medical seats for Medical Colleges in TN.

#OBCreservation #madrashighcourt

The Supreme Court had clarified last week that the High Court can hear the case on merits and that the pendency of Saloni Kumari v DGHS case in the SC would not bar the HC from hearing the matter.

#OBCreservation #madrashighcourt

Senior Adv P Wilson for DMK: The Centre had taken a stand that the issues before the Madras HC were similar to the issues pending before SC in the Saloni Kumari case.

Wilson explains that the SC had held that the issues are not similar to the case before the Madras High Court and said that the HC can hear the case on merits.

Wilson reads para 11 of the Centre’s common affidavit before HC:

"The MoHW in its affidavit has proposed to apply State-specific reservation for OBC on all available AIQ UG and PG seats, with a condition that over all reservation will not exceed 50% of total available sets ….

…. and the existing reservation of the UR, ST and SC will not be disturbed by proportionally increasing the number of seats, with the cooperation of all participating States and MCI...."

#OBCreservation #madrashighcourt

Wilson says The stance of the Centre was that they were ready to accept the reservation but the barrier cited was the pendency of the Saloni Kumari case before the Supreme Court.

#OBCreservation

Four years have gone and the candidates have been deprived of the lawful reservation, P Wilson says referring to a statement made by the DGHS in 2016.

#OBC #obcreservations #madrashighcourt

The Centre says there are different reservations from state to state, but since the Saloni Kumari case is pending, we cannot give reservation. I have already stated how Saloni Kumari is not an obstacle: P Wilson

@PWilsonDMK

#obcreservations #OBC #madrashighcourt

Central Educational Institutions (Reservation in Admission) Act, 2006 clearly provides reservation in all the educational institutions run by the Centre/ Central Educational Institutions (in AIQ seats): @PWilsonDMK

Centre has been stating that it will not exceed 27% reservation because they have not understood what the SC has said subsequently, says P Wilson

In some states like Punjab and Haryana is very less. Each State has got a different policy, Wilson adds.

@PWilsonDMK

Wilson reads out the reservation policy for different States as given by the Union Ministry of Social Welfare.

This reservation quota is not static/uniform from State to State, Wilson submits.

#obcreservations #madrashighcourt

How did TN get this 69 % reservation?

Wilson recounts that there was a struggle to uplift the sections of the population, culminating in the grant of 50% OBC reservation, 18% SC, 1% ST in Tamil Nadu.

@PWilsonDMK

#obcreservations #madrashighcourt

When I handover a State medical seat, the Centre is only an agent/Trustee. They are only a counselling authority. They have to take the marks, see the reservation application and fill the seats accordingly. They can't choose reservation between state and central Govt: @PWilsonDMK

Court: So you are saying that the shifting of the domain of admission in AIQ does not amount to surrendering the rights of reservation already preserved under State laws because they are seats of States?

@PWilsonDMK: Exactly, my Lord. They are State resources.

#obcreservations

The Centre cannot apply Central Government reservations to State surrendered seats, @PWilsonDMK argues that State reservation should apply.

In this respect, he adds that there has been an illegality that has been committed for the past 2 years.

#obcreservations

As per MCI regulations, the federal structure and State reservation are recognised, Wilson says.

Centre has to respect the federal system when it comes to reservation as well, he submits.

@PWilsonDMK

#OBCreservation #madrashighcourt

Wilson reads out stats from the past 4 years: 3,580 PG seats surrendered by TN

What is the total loss to Tamil Nadu? Wilson says that 2,729 OBC seats were lost.

Even today, they are deprived: @PWilsonDMK

#OBCreservation

When you enter a State Govt college, State reservation has to apply submits @PWilsonDMK

As far as Centre is concerned, he argues they have no power when it comes to reservation policy in State surrendered seats. DGHS is only a trustee and a counselling authority, Wilson adds.

Bench rises for Lunch. Matter to continue after lunch break.

#OBCreservation #madrashighcourt

Madras HC Bench of Chief Justice AP Sahi and Justice Senthilkumar Ramamoorthy resumes hearing.

#obcreservations #MadrasHighCourt

Advocate General Vijay Narayan appears for State of Tamil Nadu.

He refers to Art 15 (5) of Constitution which enabled the State to make special provisions for advancement of educationally & socially backward citizens.

It concerns admissions to educational institutions, AG.

Under Art 15 (4) no one has a right to claim a reservation as a matter of right

But here, in fact, the State has exercised this power. And the MCI has made regulations saying that the reservation of seats in Medical Colleges is as per laws prevailing in the States & UTs: AG adds

In the counter the MCI has taken a very particular stance in para 11: "The MohW in its affidavit has proposed to apply State-specific reservation for OBC on all available AIQ UG and PG seats, with a condition that overall reservation will not exceed 50% of total available sets.."

AG Narayan: This is very significant. The Centre is aware that the reservation in Tamil Nadu is 69%, in proportion to the population.

The population of Scheduled Caste is quite high, and the Scheduled Tribe population is quite low in Tamil Nadu (about 1.2% acc to one census).

In proportion to the population, we (Tamil Nadu) have given a reservation of 30% for Backward classes and 20% for Most Backward Classes (together constituting OBC).

AG Vijay Narayan: The Centre has in the back of their minds certain SC judgments such as the Indra Sawhney case where it was said that reservation cannot exceed 50% .....

.... But SC has also said that you can exceed 50% if there is quantitative data to show that you need a higher percentage of reservation in the State: AG Narayan adds.

#obcreservations #MadrasHighCourt

Central Govt itself has agreed to make reservation for all these categories. The Rule is clear, the section is clear. It is not open to the Centre or the MCI to argue that we will not implement these reservations now: AG Vijay Narayan

Chief Justice Sahi sums up the argument put forward by AG Vijay Narayan:

The Central Govt by its own pleadings have conceded to give reservation up to 50% and the balance of 19%, seats (69% for TN) can be increased on the basis of quantitative data showing the need for the same

Senior counsel AR L Sundaresan makes arguments for the AIADMK.

He refers to Regulation 5 of the MCI Regulations which states that reservation shall be as per applicable laws prevailing in the State/UTs for respective categories.

#obcreservations #MadrasHighCourt

Answering a query from the Court, Sundaresan adds that the idea is that - from the merit list, apply the rule of reservation as applicable in the States.

#obcreservations #MadrasHighCourt

A rider cannot be introduced by the Centre to defeat a percentage that has got a statutory force (in TN - 69%): AR L Sundaresan

The Executive cannot say I will give reservation - that I agree to do what I am bound to do ("this is not a concession") - subject a condition, he adds

They (Centre) cannot do something to reduce the rights which flows from the MCI regulations.

So far as TN is concerned, it is 69% reservation, and this will be applicable even to the seats that are contributed by the State.

#obcreservations

Advocate P Dinesh Kumar appearing for an individual petitioner: Once the (medical) seats are surrendered, the State's autonomy over the seat is not lost.

Government Pleader Mala, appearing for Puducherry Govt seeks time to file a counter.

Advocate K Balu for Anbumani Ramadoss (PMK Party) submits that the term that should be used is that the medical seats were "contributed" by the State, and not "surrendered."

#obcreservations #MadrasHighCourt

Adv Balu adds that from a social justice perspective, in this year alone, 13,238 seats were lost because of non-reservation.

The entire State is getting affected if the reservation is not being implemented, he says.

He says that his prayer is slightly different from other petitions and it concerns direction to implement 27% OBC reservation in the AIQ

I am not asking for State quota - if that happens I am very happy. Balu adds, however, his prayer focuses on implementing 27% reservation.

Advocate VP Raman makes submissions for the Medical Council of India.

#OBCreservation #MadrasHighCourt

ASG R Sankaranarayanan for the Central Govt: What started in 1984 (Dr. Pradeep Jain vs Union Of India) has still not culminated and today at 4 pm, it is still a current affair.

The SC has not taken a view that what was originally said in Pradeep Jain case is bad, he adds.

ASG: Pradeep Jain case was a pan India view.

The idea was to create a common pool to be available to all students cutting across the country.

However, implementation was a problem leading to the Dinesh Kumar cases (2 cases).

#OBCreservation

ASGI R Sankaranarayanan reads out various case laws on Article 15 and tracing how reservation has been dealt with by the Supreme Court.

It is not the case of "surrender" or "contribution" of medical seats, but a "transfer" of seats, says ASGI R Sankaranarayanan.

#OBCReservations #MadrasHighCourt

ASG: Definitely, the Centre wants to do it (implement reservation), but a scheme has to be framed. As per Indra Sawhney, 50% cannot be exceeded

May not be appropriate to subject a person coming from another State to State-specific reservation, ASG adds referring to a regulation

Abhay Nath v University of Delhi (2009) case has departed from other judgments such as Pradeep Jain and said you can have reservation: @PWilsonDMK during his reply.

The arguments made by MCI counsel Raman and ASG is absolutely incorrect in view of the Abhay Nath case, Wilson.

@PWilsonDMK concludes his reply by asserting that the OBC community continues to be discriminated with the Centre adopting a "big brother" attitude and denying them of lawful reservations.

#OBCReservations

In his reply, Advocate General Vijay Narayan disputes MCI counsel VP Raman's submissions regarding the interpretation of Rule 9 (4) of MCI Regulations as only being applicable to State Quota (and not All India Quota).

#OBCReservations

All the judgments cited by the ASGI are prior to Abhay Nath case, says AG Vijay Narayan.

Abhay Nath case made all the difference, he adds echoing Senior Advocate Wilson's submissions.

#OBCReservations

MCI counsel VP Raman responds that what he had meant by his submissions is that Regulation 9 (4) of PG Medical Education Regulations, 2000 cannot be "painted with the same brush."

In another case (Dr.C.Sudhan vs Govt of India), it has been stated Reg. 9(4) cannot apply to AIQ.

Wilson responds that case cited relates to weightage marks and has nothing to do with the issue of reservation

Entire Tamil Nadu is against the Centre (in this case). All the political parties are standing in one line. They will rise on this issue: @PWilsonDMK

#OBCReservations

Wilson also urges the Court to impose costs on the respondents, asserting that with the denial of OBC reservation, historical discrimination is being continued.

#OBCReservations

Government Pleader Mala seeks times to file a counter for Puducherry Govt. Madras HC responds that it is not giving any time to file counter.

Observes that SC had sent back the case directing for expeditious hearing.

Court adds that written submissions may be filed.

#BREAKING After a marathon hearing, Madras HC reserves judgment in pleas filed by various political parties seeking the implementation of #OBCReservations in State-surrendered All India Quota Medical seats for colleges in Tamil Nadu.

Judgment is likely on July 27.

Breaking: Madras High Court reserves judgment in pleas for implementation of 50% OBC quota for State-surrendered medical seats in All India Quota
#OBCReservations
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