OBC medical seats: Madras HC passes a crucial order to Center! What to note?

Amid the controversies that surfaced over providing reservation of medical seats for the students who belong to OBC community, the Madras High Court has, on Monday, issued a directive to the Central government to set up a committee on providing reservation to the OBC students in All-India Quota in the medical admission. 

According to the reports, the High court directed the Center to constitute a committee in three months and this committee would be comprised of the representatives from the Union Ministry of Health and Family Welfare, Tamil Nadu Health Department, and the Medical Council of India and this committee would be deciding in providing the reservation for OBC students in All India Quota medical seats in the non-central universities from the next academic year. 

The High Court bench comprised of Chief Justice AP Sahi and Justice Senthilkumar Ramamoorthy has issued the order in which the bench made it clear that any decision taken by the committee will only be applicable from the next academic year - 2021-22 and the court further noted that the minimum cut-off for admissions to these seats will be determined by the Center and the MCI. 

The High Court bench further made it clear that the existing regulations would remain and maintained for the current academic year (2020-21). The order was delivered for the petitions filed by the parties including the ruling ADMK and opposition DMK parties. The bench stated that the policy to provide reservation in All India quota seats is already in place and has been legally supported. 

By citing the verdicts of the Supreme court, the High court said that it won't be passing any positive order as the court can't interfere in the policy matters of the government unless the fundamental rights are affected. The Tamil Nadu parties ADMK, DMK, and PMK had moved their petitions to challenge the Center's decision not to provide OBC reservations in the All India Quota for medical admission. 

During the hearing, DMK's counsel Wilson said that the Central government has been continuing to discriminate against the OBC community and denying the lawful reservations of the states. He also stated that Tamil Nadu has surrendered 3580 PG seats so far in the last four years in which 2729 seats were of OBC. 

By citing that the Central government has only proposed to provide reservations for OBC in All India Quota medical seats and it hasn't passed any law, the High Court noted that the Center is open to pass any legislation to provide OBC reservation in the All India Quota seats for medical admission. The hearing on the case concluded on July 17 and the court had reserved the orders for July 27.