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NEET 2020 Reservation Row: Reservation Not A Fundamental Right Says SC

NEET 2020 Reservation Row: There is an extremely important development in the matter of reservation for OBC candidates  for admission in medical colleges which resulted in the NEET 2020 Reservation Row. A plea was filed by different political parties including CPI, DMK, Tamil Nadu Congress Committee, and CPI (M). The pleas challenged the decision of the central government to conduct the counselling for Undergraduate and Postgraduate medical courses in the institutions affiliated with the NEET. Their pleas contended that the government can not conduct the counselling without granting 50% reservation for the OBC candidates, according to the provisions of the state law. Read Also | NEET 2020: How To Prepare For NEET Exam? NEET 2020 Study Plan And Preparation Strategy

But the Supreme Court refused to admit these petitions which were seeking OBC quota for candidates in medical colleges. The court noted that reservation is not a fundamental right. The three-member bench comprising Justice Krishna Murari, S Ravindra Bhat, and L Nageswara Rao stated that no individual can claim the right to reservation as a fundamental right. Thus, not offering the benefits of the quota can not be considered as a violation of anyone’s fundamental rights.

Reservation Not a Fundamental Right: Says SC

The multiple pleas filed in the Supreme Court argued that the mandated 50% reservation must be given to the candidates as denying it will be a violation of their fundamental rights. The petitions also sought a stay to be placed on the upcoming NEET 2020 till the reservation is offered to the candidates. Petitioners had sought a stay on the NEET Counselling process and also asked for restoration of seats from the OBC quota surrendered to the all India quota, as it was in direct violation of the OBC Reservation Law of the state of Tamil Nadu. But the petition was filed under Article 32 which aims to safeguard the fundamental rights of the citizens of India. Check Also >> NIRF Ranking 2020: NIRF Engineering Rankings, Top Ranking List Check Here

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NEET 2020 Reservation Row: Petitioners Asked To Move To Madras High Court

The court noted that “What is the fundamental right to the reservation? Article 32 is available only for violation of fundamental rights. We assume you are all interested in the fundamental rights of the citizens of Tamil Nadu. But the right to the reservation is not a fundamental right.”

When the petitioners raised an issue that the decision of the central government is in direct violation of the reservation law effective in Tamil Nadu, the court asked them to approach the Madras High Court on the matter. In the end, the bench allowed the petitioners to withdraw their petitions and move to the Madras High Court.

So, now that these petitions have been disposed-off by the Supreme Court, the counselling process after NEET 2020 can continue as usual.

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