New Delhi, June 11: The Supreme Court on Thursday said that right to reservation is not a fundamental right. The top court’s observation came while delivering its judgement in pleas seeking 50 per cent reservation of seats in medical colleges for OBC candidates in Tamil Nadu.
The SC bench headed by Justice L Nageswara Rao said nobody can claim right to reservation as a fundamental right and ruled that refusing to provide reservation benefits cannot be treated as a violation of any constitutional right. “Right to reservation is not a fundamental right. That’s the law today,” Justice Rao said, The Financial Express reported.
The SC’s ruling came on a battery of petitions claiming violation of fundamental rights by not reserving medical seats for OBC students in Tamil Nadu. The petitions were filed by DMK, Vaiko, Anbumani Ramadoss, CPI (M), Tamil Nadu Congress Committee and CPI. The political parties challenged the decision of Centre not granting 50% reservation to OBC’s in seats surrendered by Tamil Nadu in the All India Quota for under graduate, post graduate medical and dental courses in current academic session.
They said that in Tamil Nadu, there is 69% reservation for OBCs, SC and ST and within this, OBC reservations are about 50%. The petitions said 50% of OBC candidates must get admissions in the medical colleges out of seats surrendered under the all India Quota, except for central government institutions.
“You should withdraw this and go to the Madras High Court,” the bench also comprising Justices Krishna Murari and S Ravindra Bhat said.