Former Union Minister and current Member of Parliament Dr. Anbumani Ramadoss has moved the Supreme Court by a writ petition under Article 32 of the Constitution of India seeking implementation of the 27% reservation for the Other Backward Classes in Post Graduate Medical Seats of the 50% All India Quota on May 28, 2020.
Background of the petition:
After Mandal Commission (the Socially and Educationally Backward Classes Commission (SEBC)) had concluded that 52 percent of the country's population comprised OBCs and recommended 27% reservation quota for OBC resulting in total 49.5% quota in government jobs and public universities the Union of India had vide Government Order dated August 13, 1990, declared that it would provide 27 percent reservations to "socially and educationally backward classes" for jobs in central services and public undertaking. But it was during the UPA-1 government in 2004-2009 that 27% reservation for OBCs in Educational Institutions run by the Government of India was implemented.
He claimed that aggrieved by the inaction of the Centre regarding the issue concerning the welfare of the OBC and the non-implementation of reservation for OBCs as per acts and rules, he had behalf of all the OBCs, had filed the Writ Petition before the Hon’ble Court, seeking for the implementation of 27% reservation to the Other Backward Classes in Post Graduate Medical Colleges.
He also laid down certain facts regarding the OBC seats filled in the medical colleges in the last few years by stating that,
“It is stated that 27 percent reservation was not provided to the Other Backward Classes (OBCs) in the All India Quota (AIQ) seats for undergraduate and postgraduate medical courses in the academic years 2017-18, 2018-19 and 2019-20. For instance, in 2018-19, only 220 OBC candidates were admitted to postgraduate courses while they had a claim over 2,152 of the 7,982 seats. Similarly, only 66 OBC students were admitted under AIQ to the undergraduate course (MBBS). There are 4,061 AIQ MBBS seats, of which 27 percent (1,096) should have been filled with OBC candidates. It was the responsibility of the central government to ensure that OBCs got the number of seats they were assigned.”
He had relied on Abhay Nath and Others v. University of Delhi and Others., reported in (2009) 17 Supreme Court Cases 705, where it was clarified that 50% of seats to be filled by the All India Entrance Examination shall include reservation to be provided for SC/ ST Students. Pursuant to this direction, the Government had implemented the reservation of 22.5% for SC/STs for admissions to UG and PG medical seats under AIQ, but the reservation of seats to be filled through All-India Entrance Examination for OBCs by reserving 27% seats, has not been implemented by the Government of India.
He claimed that due to non-implementation of reservation in medical seats, fundamental rights of the OBC Students, which is guaranteed under Article 14 (Right to Equality) and 21 (Right to life and personal liberty) of the Indian Constitution, has been violated.