The Supreme Court on Thursday reiterated that the “right to reservation” is not a fundamental right.
The Supreme Court bench of Justices L Nageswara Rao, Krishna Murari, and S Ravindra Bhat said “right to reservation is not a fundamental right”.
The apex court while making its stand on the right to reservation rejected pleas challenging the Central government’s decision not to grant 50% reservation to OBCs in the medical colleges of Tamil Nadu.
The SC refused to entertain a bunch of pleas filed by a number of political parties against the Centre’s decision on 50% reservation for OBC candidates in medical seats, according to Tamil Nadu law.
The Supreme Court in reply to the DMK petitioner said: “Whose fundamental rights are being violated? Article 32 is available only for violation of a fundamental right.”
“We assume you are all interested in fundamental rights of the citizens of Tamil Nadu,” a media report quoted the top court as saying.
The top court was moved by DMK, Vaiko, Anbumani Ramadoss, CPI(M), Tamil Nadu Congress and CPI on the reservation issue.
The Supreme Court bench told the lawyers of the political parties that they are free to approach the Madras High Court with their pleas regarding the matter.
The bench told the lawyers: “You should withdraw this and go to the Madras High Court.”
The DMK in its plea reportedly said it was against non-implementation of 50 pc OBC policy of the state other than in central government institutions.
The party said the Medical Council of India (MCI) regulations clearly contemplate adherence to state laws while filling up of the seats.
DMK was also of the view that the all India quota seats are contributed by states surrendering seats in the government and private medical and dental colleges as per the MCI regulations.
