Reservation is not a fundamental right says Supreme Court

[Soumitra]

Reservation is not a fundamental right, says Supreme Court, rejects petitions by political parties over NEET admission in Tamil Nadu

Justice Rao categorically stated that no one has the right to claim reservation as a fundamental right. Thus, if the state does not provide quota benefits, it is not a violation of any constitutional right.

While pronouncing judgment in several cases on OBC quota in medical colleges of Tamil Nadu, the Supreme Court has said that the right to reservation is not a fundamental right. The three-judge Bench of Justices L Nageswara Rao, Krishna Murari and Ravindra Bhat objected to the petitions filed under Article 32 of the Constitution of India by political parties DMK, AIADMK and others.

Lack of quota benefits is not a violation of constitutional rights
Justice Rao categorically stated that no one has the right to claim reservation as a fundamental right. Thus, if the state does not provide quota benefits, it is not a violation of any constitutional right. He added that as per the current law right to reservation is not a fundamental right. The bench was hearing petitions against the Tamil Nadu government for not keeping reserved seats for OBC students in the medical colleges.

Petitioners asked for 50% OBC reservation in medical and dental courses
CPI, DMK, AIADMK and others had filed several petitions and asked for 50% OBC reservation in colleges for undergraduate, postgraduate medical and dental courses in 2020-21. The petitioners said that Tamil Nadu provides 69% reservation for SC, ST and OBCs out of which 50% seats are reserved for OBCs. They asked the court to ensure that 50% of OBC candidates get admission in medical colleges out of the seats that Tamil Nadu surrendered under All India Quota.

The petitioners said in their pleas that if OBC candidate is denied admission, it is a violation of his or her fundamental right. They mentioned in their petitions that the OBCs did not get appropriate representation in the past academic years. The petitioners requested the court to stay the counseling under NEET till the court decides on the reservation.

SC objected to petitions filed under Article 32

The Supreme Court was not impressed with the submissions made by the petitioners. The bench questioned the petitioners under which law they filed a petition under Article 32 as the right to have reservation benefits is not a fundamental right. The court further asked the petitioners to explain whose fundamental rights are being violated by denying reservation.

The court added that they appreciated the efforts political parties in Tamil Nadu putting in for the cause, but they refused to entertain the plea. The court further asked them to file the petition in Madras High Court. The petitioners asked for permission to withdraw the petitions to which Supreme Court obliged.

In February 2020, the Supreme Court had passed a verdict in which they said that no one could claim reservation in public jobs stating it as a fundamental right. The judgment also noted that no court has the right to order a state government to provide reservation to SC/STs.

https://www.opindia.com/2020/06/res...-right-supreme-court-tamil-nadu-medical-neet/

 

[GHALIB]

scheduled caste and tribes need reservation . but in high skilled professions caution should be exercised .

 

[Soumitra]

scheduled caste and tribes need reservation . but in high skilled professions caution should be exercised .

Reservation only for one generation, maximum two.

Ideally reservation should be either in education or jobs, not both. Once you have become an engineer or doctor why do you need reservation. For jobs without high-tech education requirement have the reservation.

 

[GHALIB]

Reservation only for one generation, maximum two.

Ideally reservation should be either in education or jobs, not both. Once you have become an engineer or doctor why do you need reservation. For jobs without high-tech education requirement have the reservation.

yes that is true .

 

[Chanakyaa]

Reservation is Needed. But it being highly misused these days, especially by those who no longer need it.

No reservation, seems to be better, but honestly situation of SCs / obcs is really bad in certain areas and they do need it. But is it really the right thing/solution to offer in 2020 ?

Reservation is the ONLY solution - I think its debatable.

 

[SuperStar20]

Reservation is needed. Education up to +2 is privatized so they are left behind in language and other general awareness.

 

[Soumitra]

Reservation is Needed. But it being highly misused these days, especially by those who no longer need it.

No reservation, seems to be better, but honestly situation of SCs / obcs is really bad in certain areas and they do need it. But is it really the right thing/solution to offer in 2020 ?

Reservation is the ONLY solution - I think its debatable.

That's why I said only 1 or 2 generations should get reservation

Also there are many stories how SC/ST students drop out of college because they simply cant cope with the pressure. Not everyone can handle the curriculum of say an IIT.I would propose that even with reservation there should be a minimum cut-off in the entrance exam in order to get into the college. It can be put at 10% below the lowest cut-off for a general category student. So if lowest score for a General Category student to get into the course is 400/500 then no SC/ST student who has scored below 360 should be admitted

Reservation is needed. Education up to +2 is privatized so they are left behind in language and other general awareness.

RTE solves this problem. Even if a person can't afford Private Education he gets in. Plus like I said, if after 2 generation of reservation you cant afford good education for your children then clearly extending reservation to a 3rd generation wont help.

 

[Soumitra]

That's why I said only 1 or 2 generations should get reservation

Also there are many stories how SC/ST students drop out of college because they simply cant cope with the pressure. Not everyone can handle the curriculum of say an IIT.I would propose that even with reservation there should be a minimum cut-off in the entrance exam in order to get into the college. It can be put at 10% below the lowest cut-off for a general category student. So if lowest score for a General Category student to get into the course is 400/500 then no SC/ST student who has scored below 360 should be admitted


RTE solves this problem. Even if a person can't afford Private Education he gets in. Plus like I said, if after 2 generation of reservation you cant afford good education for your children then clearly extending reservation to a 3rd generation wont help.

@jamahir you wanted to know my stand on reservation. Here it is.

 

[jamahir]

Also there are many stories how SC/ST students drop out of college because they simply cant cope with the pressure. Not everyone can handle the curriculum of say an IIT.

Simple questions :

1. Why should there be pressure in the IITs or any other course ?

2. Are SCs / STs more prone to pressure than other communities ?

I would propose that even with reservation there should be a minimum cut-off in the entrance exam in order to get into the college.

1. All this confusion will be removed when education will be made universal and free.

2. There should be another method of judging the performance of students. Judging by marks is unscientific and has not produced any brilliant innovation from India.

 

[Novice09]

1. Major reforms are required in the field of education and healthcare... currently they are Business entities...

2. No reservation in same category if already availed by one generation... i.e., if availed by father or mother in C category job, children cannot get in C & D category jobs...

3. No government benefit + forfeiture of voting rights if more than two children

Need an elaborated discussion to find the best way to do away with current RESERVATION SYSTEM which is creating abnormality...

Still they hate Modi... Freebies and reservation... My point of view...

1. Strictly on Financial basis...
2. Should be limited to the people having two children...
3. Should not be provided to second generation...
4. Only in providing education...

People having more than two childern... no voting right... no freebie... no government job... not other benefit...

We can not justify a wrong by other... a wrong is a wrong... be it horror killing or caste based reservation in CURRENT FORM...

Tell me who deserve THE ADMISSION/JOB:

1. A village boy who studied in village... government school... helped his father in fields... scored 75%... but cut-off was 90% for non-reserved...
2. Son of an IPS... studied in DPS RK Puram... tutions... scored 54%... cut-off for SC-ST 50%...
3. Daughter of the SAME IPS... studied in DPS RK Puram... tutions... scored 91%... but moved to general category after making into cutoff without RESERVATION... thus, occupying one seat of unreserved category person...

This is the reason why I hate RESERVATION... A deserving candidate should not lose because of something is RESERVED for undeserving... Great example is our education system... a teacher who cannot write A for APPLE properly is selected as GOVERNMENT TEACHER - ENGLISH... thank you RESERVATION... next generation is much more UNEDUCATED...

No... Gujjar... OBC-Non Creamy Layer... but never ever tried to use the RESERVATION Quota of 27%... whatever small or big, is achieved by utilizing own capabilities... being son of a defense personal, never thought about my caste or religion...

heard about SC-ST for the first time when I was in 9th, when caste certificates were requested by class teacher for fees waiver... about my caste while applying in collage... PARENTING I think...
I hope it clarifies my CASTE and RELIGION to you...

Being a critic of reservation does not means that I'm from UPPER CASTE... it can be my POINT OF VIEW...

 

[Soumitra]

1. Why should there be pressure in the IITs or any other course ?

The intensity of the course in IITs is 1000 times more than any course of humanities from JNU Jhollachapp university. They have to actually study, do projects, tutorials, present papers, attend seminars. They don't have time to do Dharna Pradarshan or fight stupid student union elections.

2. Are SCs / STs more prone to pressure than other communities ?

No, any person who does not get good marks in the qualifying exam is prone to pressure in an institute like IIT. If the General category cutoff is say 400 and an SC/ST student with barely 200 marks gets admission he obviously does not have the aptitude to get in IIT but is only there because of reservation. If you give a General category person with 200 marks the same seat he also will suffer. That is the reason for conducting a highly competitive JEE exam to find who all can handle the pressure of an IIT. A person scoring low marks cannot handle it but still gets into IIT because of reservation. Then he complains he cant handle the pressure.

1. All this confusion will be removed when education will be made universal and free.

How? Will it remove academically unsuitable candidates to get into college like IIT?

2. There should be another method of judging the performance of students. Judging by marks is unscientific and has not produced any brilliant innovation from India.

A standardized test of your ability is the most scientific method to judge a person.

 

[Novice09]

Why I hate reservation in current form...

This is best example...

 

[Soumitra]

https://twitter.com/x/status/1271398210704039936

 

[xeuss]

I support the policy of reservations. It has been instrumental in helping the scheduled castes to advance socio-economically in India.