27 percent OBC reservation can’t be subject matter of litigation again: DMK to Supreme Court

The ruling party in Tamil Nadu told the top court that by the notification dated July 29, 2020, directing the implementation of 27 per cent reservation for OBC (non-creamy layer) along with 10 per cent EWS reservation in 15 per cent UG and 50 per cent PG in all India quota seats-state contributed seats (SCS-AIQ), the Centre had set right the anomaly for OBCs after a period of 13 years.

In a written submission filed in the pending petitions by some NEET candidates challenging the July 29 notification, it said that after the 93rd constitutional amendment and introduction of the Central Educational Institutions (Reservations in Admissions) Act 2006, the Centre in 2008 provided 27 per cent reservations for OBC in AIQ in the central government contributed seats in central educational institutions.

It said, however, reservations in the SCS-AIQ were denied by the Union government for OBC despite states like Tamil Nadu having 50 per cent reservation under its state law of 1993.

“Thus, the OBC candidates have been deprived of thousands of seats by the Union of India in the previous years. Vide the impugned notice the Union has set right the anomaly for OBCs after a period of 13 years. The granting of impugned reservations of 27 per cent for OBCs in the SCSAIQ would benefit around 4000 students this year and would cause a positive domino effect on the society at large,” the DMK said.

The party submitted that under State law of 1993, the reservation in TN is at 69 per cent, however for OBC, the reservations total to 50 per cent and under impugned notice 27 per cent reservation is granted to OBCs across country uniformly by the Union.