Requesting for the speedy disposal of a 2015 writ petition which pertains to the OBC reservation in All India Quota in Medical Education, writer and journalist Dilip Mandal has written a letter to the Chief Justice of India, Justice N.V. Ramana.
“The matter was heard several times by the Supreme Court without any final outcome. The Government of India in a recently published Notification — dated 13th July 2021 (annexed herewith) for National Eligibility cum Entrance Test UG – (NEET UG) 2021 have taken the stand that it will not implement the OBC reservation in All India quota in state surrendered seats until the above said petition is disposed of,” read the letter by Dilip Mandal.
Reservation of medical seats for OBC students in state-run institutions will be subject to the outcome of the case pending before the Supreme Court of India, according to National Testing Agency (NTA).
“…the issue as regards the implementation of 27% reservation in favour of candidates belonging to OBCs in All India Quota seats is pending, along with the stand of the Union of India to apply State-specific reservation for OBCs in All India Quota, for final adjudication of the matter. Therefore, the reservation to OBC candidates in State surrendered seats under All India Quota from the academic session 2021-22 shall be subject to the outcome of the case pending before the Hon’ble Supreme Court in Writ Petition No. 596 of 2015,” the NTA said.
Mandal who constantly raises the issue of OBC reservation through his tweets on the micro-blogging site wrote: “Without touching the merits and other aspects of the case, I may brief you that the Scheduled Castes and Scheduled Tribes and Persons with Benchmark Disabilities have already been granted the reservation in All India Quota in State surrendered seats including the National and Union Government Institutions. The SC/STs were given that benefit by an order passed by Supreme Court in Abhay Nath & Others v. University of Delhi & others on 31st January 2007. It is also brought to your notice that the Socially and Educationally Backward Classes of Citizens are constitutionally protected category of citizens, and they are being deprived of the benefits of thousands of seats every year in medical education by the government because the Supreme Court is yet to finally hear and pass an appropriate final order in Saloni Kumar (supra).”
Mandal also said that the reservation petition filed in favour of SCs, STs, OBCs and socially and educationally backwards classes are unduly delayed by the Supreme Court and High Courts depriving them of the Constitutional guarantee of equal access to justice which violates the rule of law and several guarantees of the Constitution.
“Therefore, I request to prioritise all such cases pending in the Supreme Court and High Courts, so that justice is not delayed to them. I also have observed that few cases get precedents in hearing and outcome in the Supreme Court and High Courts and therefore, it is highly imperative that a mechanism is devised to ensure equality in access to justice for all so that certain people are not deprived of the Constitutional rights and safeguards and the mechanism of adjudication of justice provided under the Constitution should not remain a mere formality for them,” he wrote.
