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Dr. Anbumani Ramadoss urged the Supreme Court for the implementation of 27% of reservation for the OBCs in the postgraduate medical seats under All India Quota. Advocate S. Thananjayan argued that the Government had denied reservation to the Other Backward Classes in postgraduate and Under Graduate courses for many years. In 1980, the Mandal Commission recommended 27% reservation for the OBCs in government jobs and universities.
In 1990, the Government decided to provide 27% of reservation to the socially and educationally backward OBCs in Government jobs and institutions. It was also upheld in the case of Indira Sawney v. Union of India in the year 1992. Even in the case of Ashoka Kumar v. Union of India (2008), the 27% of reservation in the educational institutions was not held as illegal. The petitioner contended the denial of adequate representation had infringed the fundamental rights like Article 14, 15(4) and 21 of the Indian Constitution.
The Petitioner submitted that, in the year 2018-19, only 220 OBC candidates were admitted. Only 66 OBC students were admitted to the undergraduate course of 1,096 claimed seats. In 2020-2021, they were not admitted to the seats pooled from the States. Out of 9,550 seats, nearly 8,800 seats are being pooled from the Government colleges. OBCs got no reservation in those 800 seats. The petitioner objected to the unjustified moving of seats to the General category. The Times of India also indicated inadequate representation of OBCs in the Government Jobs and Educational institutions.
The policy of reserving 15%, 7.5% and 10% seats for ST, SC and EWS respectively, was implemented in totality, but social commitments for OBCs have not been fulfilled. Only 12% of the employees under the Central government and statutory bodies are OBCs. Out of 79,486 posts, only 9,040 seats are occupied. Thus, the petitioner has sought the Court to issue directions to the Government, to improve the implementation of 27% reservation in the UG and PG courses for OBCs for their welfare.
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