Reservation is not a fundamental right, SC rejects pleas implement OBC quota in TN medical colleges

Paving way for major discussions, Supreme Court today pronounced that “Right to reservation isn’t a fundamental right.” The court also refused to entertain pleas of various political parties challenging the Centre’s decision not to grant 50 per cent reservation to OBCs as per Tamil Nadu law in medical seats surrendered by the state in the All India Quota for undergraduate, postgraduate and dental courses in 2020-21.

A bench comprising Justices L Nageswara Rao, Krishna Murari, and S Ravindra Bhat asked lawyers for Dravida Munnetra Kazhagam, Vaiko, Anbumani Ramadoss, CPI (M), Tamil Nadu Congress Committee and CPI to approach the Madras High Court with their pleas.

“Right to reservation is not a fundamental right… Do you want us to dismiss this or we can otherwise permit you to withdraw,” Justice L. Nageswara Rao observed.

“You should withdraw this and go to the Madras High Court,” the bench said, adding that the liberty was granted to the political parties to do that. The political parties have challenged the decision of Centre not granting 50 per cent reservation to OBC’s in seats surrendered by Tamil Nadu in the All India Quota for undergraduate, postgraduate medical and dental courses in a current academic session.