OBC reservation in AIQ Health Ministry pushes further to legal hurdles
The Modern Rationalist|February 2021
The National Commission for Backward Classes(NCBC) conducted a hearing on 7th January 2021 based on the complaint filed by the All India Federation of OBC Employees’ Welfare Associations relating to denial of reservation to OBC candidates in medical admission under All India Quota(AIQ) seats contributed by the States.
G.Karunanidhy
OBC reservation in AIQ Health Ministry pushes further to legal hurdles

NCBC issued notice to the Secretary, Ministry of Health and Family Welfare and the DDG, Medical of Directorate General of Medical Services (DGHS) to be present in person at NCBC office, New Delhi with full facts and documents pertaining to the complaint.

Accordingly, the copy of the report of the 5-member Committee headed by Dr.B.D.Athani, Principal Consultant, DGHS as well as the Action Taken Report on the complaint filed by the AIOBC Federation were placed before the NCBC.

The Committee’s report dated 21.10.2020 can be summarised as under:

If state-specific reservation is applied as demanded by the parties in Tamil Nadu, then it is bound to be deviation from the accepted proportion of reservation provided to SC and ST categories from the currently applicable 15 per cent for SC and 7.5 per cent for ST and substitute it with 18 per cent and 1 per cent respectively which will necessitate the seeking permission and directions from the Hon’ble Supreme Court by filing I.A.

If similar State-specific reservations are to be replicated in other States, then deviation in quantum of reservations for SC and ST category is bound to occur in other States.

Although Tamil Nadu Government has contended that its State Act being in Schedule IX of our Constitution deemed out of judicial review, it needs to be verified if the exceeding of ceiling of 50 per cent in overall reservations, as mandated through the judgment of the Apex Court in the Indra Sawhney case, is feasible legally or not.

The Central Government would also have to deviate from its uniform policy of providing 27 per cent reservation to OBCs and in the instance of Tamil Nadu would have to enhance it to 50 per cent.

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