RIGHT TO RESERVATION IS NOT A FUNDAMENTAL RIGHT” SAYS SC ON PLEAS FOR 50% OBC QUOTA IN TN MEDICAL.


The Petition was filed under Article 32 of the Indian Constitution and had challenged the denial of statutory reservation for the Other Backward Classes (OBC) and Scheduled Caste and Scheduled Tribes in Undergraduate and Post Graduate Medical Seats of the All India Quota under National Eligibility cum Entrance Test (NEET). Petitioners had filed a plea seeking stay on the NEET Counselling and sought restoration of medical seats surrendered to All India Quota, as it was in violation of OBC Reservation law of Tamil Nadu.The petitioner clarified before the Court that they are only asking for MCI provisions to be followed as the OBC reservation is not being implemented, and are not asking the court to add any reservation.

A three-judge Bench of Justice Nageswara Rao, Justice Krishna Murari and Justice Ravindra Bhat while refusing to entertain the petition, have given the petitioners the liberty to approach the High Court.The SC has refused to entertain petition filed against denial of statutory reservation for the Other Backward Classes (OBC) and Scheduled Caste and Scheduled Tribes in Undergraduate and Post Graduate Medical Seats of the All India Quota under National Eligibility cum Entrance Test (NEET).

The bench questioned the petitioner as whose fundamental right are violated and asked them to move to Tamil Nadu high court as they are seeking for fundamental right of Tamil Nadu citizen.

Justice Nageswara Rao stated that right to reservation is not a fundamental right.



By: Deepanjali Singh

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