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Supreme Court issues notice in plea challenging reservation for OBC, EWS within All India Quota for post-graduate medical courses

The petitioners submitted various judgements of the Apex Court which states that no unequivocal terms have held that the requirement of reservation should not apply to the seats of All India Quota.

The Supreme Court today issued notice in a plea challenging 27% reservation for OBC and 10% for EWS in the 50% All India Quota Seats in admission to Post-Graduate Medical Courses.

The bench, led by Justice D.Y. Chandrachud and Justice B.V. Nagarathna, heard the matter seeking quashing of the notice dated July 29, 2021 which applies reservation requirement to the seats of NEET All India Quota and states that the matter will be tagged along with the matters filed in regard with the same issue.

Senior Advocate Shyam Divan and AOR Vivek Singh, who appeared for the petitioner candidates, submitted that it is clear to overcome the difficulty of institutional preference and high percentage of reservation of Court directed that 50% seats should be reserved in PG medical course for All India Quota, which will be without any reservation. But the impugned notification which reserved 27% to OBC candidates and 10% EWS reservation in All India Quota, is not only in clear contravention of the Apex Court’s judgment but also defeat the entire purpose for which these seats were carved out and reserved. 

Also Read: Supreme Court issues notice on tennis player’s appeal on being denied job under sports quota

The petitioners submitted various judgments of the Apex Court which states that no unequivocal terms have held that the requirement of reservation should not apply to the seats of All India Quota. 

“Excessive reservation compromises the minimum standards of education. The government cannot compromise the standard of education or lower the efficiency of scholars to the detriment of National Interest. In the larger of the nation, it is dangerous to depreciate merit and excellence in any field. This Court has time and again reiterated that selection on merit in technical courses would be in the national interest and for improving the standard of higher education and thereby improving the quality of available medical services to the people of India,” 

-submitted the petitioners through the writ petition. 

It was further reminded, “All India Quota Scheme is in existence for the last 35 years (since 1986) and the application of OBC reservation to AIQ seats after 35 years of its existence is arbitrary, unjustified and against the public interest.”

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