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Is reservation a fundamental right in India?

  • The Supreme Court on Thursday (June 11, 2020) while hearing a clutch of petitions asking for quota for OBC candidates in Tamil Nadu's medical colleges observed that right to reservation is not a fundamental right.
  • A three-judge bench headed by Justice L Nageswara Rao and comprising of Krishna Murari and S Ravindra Bhat said that nobody can claim their right to reservation as a fundamental right.
  • So, not giving quota benefits cannot be construed as a violation of so.
  • Justice Rao while hearing the petition said that, “Right to reservation is not a fundamental right. That’s the law today.”
  • The issue came up when different political parties challenged the decision of center not to grant 50% reservation to OBC as per Tamil Nadu’s law on medical seats.......
  • .......surrendered by the state in the All India Quota for under graduate, post graduate and dental in 2020-21.
  • The court dismissed these petitions and asked lawyers for Dravida Munnetra Kazhagam, Vaiko, Anbumani Ramadoss, CPM, Tamil Nadu Congress Committee and CPI to approach the Madras High Court with their pleas.
  • "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 DMK, in its plea, had said that it was opposing the denial of implementation of 50 percent OBC policy of the state, other than in central government institutions.
  • It said the Medical Council of India (MCI) regulations clearly contemplate adherence to state reservation laws while filling up of the seats.
  • The party said that the All India Quota seats are contributed by states surrendering seats in the government and private medical and dental colleges as per the MCI regulations.
  • "Denial of admissions to OBC candidates is a violation of their fundamental right," said the pleas, asking for a stay on the counselling under NEET till the reservation is given.

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