SC nod for Madras HC to hear all-India medical quota OBC dispute

CHENNAI: Clearing ambiguity over jurisdiction of Madras high court in hearing a batchof pleas movedby the DMK, TN government and other political parties seeking 50% OBC reservation in medical admissions under All India Quota, the Supreme Court has said the high court can proceed with the hearing.
When the pleas were moved in the high court by political parties, including DMK, AIADMK, PMK and others, the Centre opposed the hearing saying the high court could not take up the cases, as the apex court was already seized of the issue in Saloni Kumari case which is still pending before the court.
The Centre said the petitionerparties could only implead themselves as parties in the Saloni Kumari case, and argue before the SC. Accepting the argument, the high court refused to grant any interim relief and decided to wait and watch.
Challenging the refusal, T G Babu, an aspiring PG medical student, moved the SC on appeal. When the petition came up for hearing on Monday, senior counsel for petitioner P Wilson submitted that Saloni kumari case is different from the writs pending before the high court. “Saloni Kumari wanted to apply 27% OBC reservation in AIQ on the basis of the Central Educational Institution Act. Whereas, the petitions before the high court are seeking 50% reservation on the basis of Tamil Nadu Reservation Act,” Wilson explained.
Concurring with the submissions, a division bench of Supreme Court comprising Justice Nageshwara Rao and Justice Ravindra Bhat said the cases were different and that the pendency of Saloni Kumari case was no bar for the Madras HC to hear the other pending cases. The court is likely to take up the pleas on July 17.