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Supreme Court of India
The State Of Tamil Nadu vs Union Of India on 26 October, 2020Author: L. Nageswara Rao

Bench: [ Rastogi], [ Gupta], [ N Rao]

Non-Reportable

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

Civil Appeal No. 3518 of 2020
(Arising out of SLP (C) No.9286 of 2020)

The State of Tamil Nadu …. Appellant(s)
Versus

Union of India & Ors. ….Respondent (s)

WITH

Civil Appeal No. 3519 of 2020
(Arising out of SLP (C) No.9592 of 2020)

O R D E R

Leave granted.

1. The grievance of the Appellant is the non-

implementation of reservation for the Other Backward

Classes (OBC) candidates in medical seats contributed by

the State of Tamil Nadu to the All India Quota. The

Appellant and several others filed writ petitions in the High

Court of Judicature at Madras for a direction to the

Respondents to implement reservation for OBC candidates

in the medical seats surrendered to the All India Quota by

the State of Tamil Nadu. The writ petitions were disposed
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of by the High Court by a judgment dated 27.07.2020. The

High Court observed that there is no legal or constitutional

impediment for extending the benefit of reservation to the

Other Backward Class candidates in the State surrendered

All India Quota seats of the under-graduate and post-

graduate medical courses in the State-run medical colleges

within the State of Tamil Nadu. However, the High Court

was of the opinion that implementation of the reservation

should be after a joint deliberation between the Central

Government, Medical Council of India and the State

Government. The High Court was of the opinion that the

implementation of reservation as prayed by the writ

petitioners cannot be done for the present academic year

as that would disturb the selection process that has been

set into motion. The High Court directed the Union of India

to convene a meeting and finalise the manner in which the

facilities of OBC reservation should be provided against the

All India Quota from the next academic year.

2. The State of Tamil Nadu has filed the above SLPs

being aggrieved by that part of the judgment which

denied the implementation of reservation for OBCs in

admissions to Government run medical colleges in All

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India Quota for the current academic year i.e. 2020-

2021. At present, we are concerned with the extension

of the benefit of reservation to OBC candidates in the All

India Quota for admission in Government-run medical

colleges in the State of Tamil Nadu for the academic year

2020-2021.

3. We have heard Mr. V. Giri, learned Senior Counsel,

Mr. Balaji Srinivasan, learned Additional Advocate

General along with Mr. M. Yogesh Kanna appearing for

the State of Tamil Nadu, Mr. P. Wilson, learned Senior

Counsel along with Mr. R. Nedumaran appearing for the

intervenor, Mr. Balbir Singh, learned Additional Solicitor

General appearing for the Union of India and Mr. Gaurav

Sharma appearing for the National Medical Commission

(formerly known as Medical Council of India).

4. Mr. V. Giri, learned Senior Counsel submitted that

the policy of reservation of seats in Educational

Institutions in the State of Tamil Nadu is governed by the

Tamil Nadu Backward Classes, Scheduled Castes and

Scheduled Tribes (Reservation of seats in Educational

Institutions and of appointments or posts in the services
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under the State) Act, 1993 (hereafter referred to as the

1993 Act) and so far as under-graduate medical seats

are concerned, 85% of the seats of the under-graduate

medical seats in all medical colleges in the State of Tamil

Nadu are filled up in accordance with the provisions of

the 1993 Act. The State Government made a

representation to the Union of India to permit

implementation of reservation for OBC candidates in the

15% seats which have been surrendered by the State to

the All India Quota. As there was no response from the

Union of India, the State of Tamil Nadu filed a writ

petition before the High Court seeking a direction for

implementation of the 1993 Act to ensure reservation for

OBC candidates in the All India Quota seats in medical

courses. The High Court accepted the contention of the

petitioner and held that reservation for OBC’s has to be

implemented in the All India Quota from the next year.

According to Mr. V. Giri, though the admissions to the

post-graduate courses have been completed, the

admissions to the under-graduate courses are still at an

early stage and the OBC candidates should not be

deprived of the benefit of implementation of reservation
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for admissions to the Government-run medical

institutions in the State of Tamil Nadu. Mr. Giri relied

upon the stand taken by the Union of India before the

High Court to argue that the Respondents cannot resort

to technical pleas for non-implementation of reservation

for OBC candidates for this academic year.

5. Mr. Balbir Singh, learned Additional Solicitor General

contended that under-graduate seats in MBBS and BDS

courses are being allotted to all eligible and qualified

candidates under the 15% All India Quota on the basis of

on-line counseling conducted by the Medical Counselling

Committee of the Director General of Health Services

(DGHS), Ministry of Health and Family Welfare,

Government of India. The said allotment is based on the

National Eligibility cum Entrance Test (NEET) Under-

graduate examination conducted by the National Testing

Agency. A letter was issued by the Medical Counseling

Committee of the DGHS to the participating colleges on

28.08.2020 requesting for contribution of seats. The

learned Additional Solicitor General contended that a

roster is prepared having Unreserved, Scheduled Castes,

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Scheduled Tribes and Physically Disabled candidates.

The roster also includes OBC category, but only with

regards to the Central Educational Institutions. On the

basis of the roster, a provisional seat matrix is prepared

by the Medical Counseling Committee of DGHS. The

final seat matrix is posted on the website of the Intra-

Medical Counseling Committee. Candidates who have

qualified for the All India Quota under-graduate seats

(MBBS and BDS) will be eligible for on-line allotment

process for All India Quota seats. The learned Additional

Solicitor General contended that admissions to the post-

graduate medical courses for the year 2020-2021 have

been completed and the counselling for the under-

graduate admissions is scheduled to commence from

26.10.2020. He argued that a Committee has been

constituted in compliance with the judgment of the High

Court. A meeting was held by the Committee on

22.09.2020 in which Dr. P. Umanath, Managing Director,

Tamil Nadu Medical Services Corporation also

participated. It is the case of the Union of India that any

direction given by this Court for implementation of OBC

reservation in under-graduate admissions, the process
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for which has already commenced, would lead to

complications as the seat contribution and matrix

preparation cannot be changed at this stage. The

learned Additional Solicitor General made it clear that

the domicile clause shall not be applicable to All India

Quota seats.

6. Mr. Gaurav Sharma, learned Senior Counsel

representing the National Medical Commission (formerly

known as Medical Council of India) submitted that 15%

of the total number of seats in under-graduate courses

and 50% of the seats in post-graduate medical courses

in all Government medical colleges or colleges run by

the Government, Societies and Corporations are

earmarked as All India Quota seats. Mr. Sharma

submitted that the All India Quota seats are filled up

from the All India NEET merit list and the examination is

conducted by the DGHS. He stated that there is no

domicile or residence reservation or preference for filling

up the All India Quota seats. Mr. Sharma further

submitted that reservation for Scheduled Castes,

Scheduled Tribes and Physically Disabled candidates is

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being implemented in the All India Quota seats.

However, he made it clear that there is no reservation

for OBC candidates for the All India Quota seats except

in Central Educational Institutions which have a separate

admission process. Mr. Sharma contended that it is not

possible to implement the OBC reservation in the All

India Quota for the present academic year since the

admission process has started long back. The process

could not be completed in view of the COVID-19

pandemic. Applications were made by the students in

December, 2019. The results of the NEET examination

were declared on 16.10.2020 and the counseling is

scheduled to commence from 26.10.2020. The students

who have taken the NEET examination are aware that

there is no reservation for OBC candidates in the All India

Quota. At this advanced stage of the process of

admission to the under-graduate medical courses, it will

be very difficult to implement the reservation for OBC

candidates.

7. Mr. P. Wilson, learned Senior Counsel appearing for

the intervenor brought to our notice the stand taken by

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the Union of India that the State specific reservation for

OBCs has to be implemented in the All India Quota seats.

Mr. Wilson supported the learned counsel for the State

and requested that a direction should be issued to the

Respondents to implement the OBC reservation for

admission to the All India Quota seats in under-graduate

medical courses for this academic year.

8. The only point that arises for consideration of this

Court is whether a direction can be issued for

implementation of the reservation to OBC candidates for

admissions to under-graduate medical courses for this

year. It is no doubt true that the High Court accepted

the submissions of the Appellants that the 1993 Act can

be made applicable to the All India Quota seats.

However, a direction was given to the Union of India to

constitute a committee to work out the modalities of

implementation of the reservation for OBC candidates to

the All India Quota seats in the State of Tamil Nadu. At

present, there is no challenge to the judgment of the

High Court except this writ petition wherein the

grievance is limited to the direction that the

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implementation of the reservation will be from next year.

The grievance of the Appellant is that the High Court

committed an error in holding that reservation for OBC

candidates cannot be implemented for the present

academic year as it would disturb the entire admission

process that has already been set in motion. The

process for admissions to under-graduate medical

courses commenced in December, 2019 and application

forms were issued and filled up by the candidates. The

process could not be completed on schedule in view of

the unprecedented circumstances owing to the

pandemic. The NEET under-graduate examination was

conducted on 13.09.2020, the results were announced

on 16.10.2020 and the counseling is scheduled to

commence on 26.10.2020. At present, reservation in the

All India Quota seats has been provided only in favour of

the Scheduled Castes, Scheduled Tribes and Physically

Disabled candidates. On the strength of the judgment of

the High Court, the Appellant is seeking implementation

of reservation in the All India Quota seats in State-run

medical colleges which are situated in the State of Tamil

Nadu. The admission to All India Quota seats is done on
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the basis of marks obtained in the NEET Examination.

The Appellant agreed that there is no domicile or

residence reservation or preference for the All India

Quota seats. All candidates belonging to the OBC

category shall be eligible for admission to OBC seats in

the All India Quota in the State of Tamil Nadu if

reservation is implemented. Candidates belonging to

the OBC category from States other than the State of

Tamil Nadu would not have even indicated that they

belonged to OBC category in the application form as

they were not aware of any reservation in the All India

Quota for OBC candidates. If all the OBC candidates are

now informed about the implementation of reservation

for OBC candidates, the entire process has to be re-done

which would disturb the counselling which is about to

commence from 26.10.2020.

9. The Committee appointed by the Union of India is

examining the modalities for implementation of

reservation for OBC candidates in the All India Quota.

After holding discussions with the State of Tamil Nadu

and other States, a final decision will be taken by the

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Committee which can be implemented from the next

academic year i.e. 2021-2022. The admission to post-

graduate courses have been completed and cannot be

interdicted at this stage. As admissions to the under-

graduate medical courses have already been delayed

due to the public health crisis, we do not want to delay

the admissions to the under-graduate courses further by

giving any direction to implement the reservation for

OBCs for this academic year. The High Court was right in

observing that the selection process which has

commenced for the current academic year cannot be

disturbed. For the aforementioned reasons, we reject the

request for interim relief as prayed for.

……………………………..J.
[L. NAGESWARA RAO]

…………………………….J.
[HEMANT GUPTA]

…………………………….J.
[AJAY RASTOGI]
New Delhi,
October 26, 2020.

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