The Supreme Court on Thursday said that reservation is not a fundamental right. The court made this remark while hearing several petitions filed for quota for Other Backward Class (OBC) candidates in medical colleges in Tamil Nadu.
A bench headed by Justice L Nageswara Rao said that no one can call the right to reservation a fundamental right. Therefore, not giving the benefit of quota cannot be considered a violation of any constitutional right.
Justice Rao said, “The right to the reservation is not a fundamental right. This is today’s law. ”The bench said while hearing petitions claiming violation of fundamental rights by not reserving seats in Tamil Nadu medical colleges for its OBC students.
The petition by the CPI, DMK and other leaders had stated that 50 percent of seats in Tamil Nadu should be reserved in Tamil Nadu in the all-India quota for undergraduate, postgraduate medical and dental courses 2020-21.
The petitions have stated that all OBC candidates, other than central government institutions, should be admitted to medical colleges outside the seats given under the All India quota. Denial of admission to OBC candidates is a violation of their fundamental right. Counseling should be banned under NEET till reservation is granted.
However, the Supreme Court was not impressed by the argument given in the petitions and questioned how the petition can be upheld under Article 32 when there is no fundamental right to reservation. The bench said, “Whose fundamental rights are being violated?” Article 32 is available only for violation of fundamental rights. We believe that all of you are interested in the fundamental rights of the citizens of Tamil Nadu. But the right to reservation is not a fundamental right. ‘
The court said that it appreciates the various political parties of Tamil Nadu coming together for one reason but cannot consider it. When it was told that the basis of the cases is a violation of the law on reservation by the Tamil Nadu government, the bench said that the petitioners should go to the Madras High Court.