7.5% medical seats to govt school students is not reservation: TN govt

Tamil Nadu government has defended its allotment of 7.5% medical seats to government school students and said that it cannot be termed as a reservation.

While replying to a plea in Madras High court which challenged the constitutionality of the State Act providing horizontal reservation of 7.5% seats in medical colleges for students from government schools, the State Higher Education Department submitted that the impugned Act cannot be treated as 'communal reservation'.

In the written submissions to the bench, Senior Counsel P Wilson contended that the allocation of 7.5% seats for students from government schools cannot even be called 'reservation', but only to be construed as creating a source of admission for which the state is empowered under Entry 25, List III of the Constitution's Seventh Schedule, as reported by Live Law.

States have power to make provision for mode of admissions: Madras HC

The court observed,"Thus, in the exercise of powers under Entry 66 List I, the Union cannot provide for anything with respect to reservation/percentage of reservation and/or even mode of admission within the State quota, which powers are conferred upon the States under Entry 25 of List III. In exercise of powers under Entry 25 List III, the States have power to make provision for mode of admissions, looking to the requirements and/or need in the State concerned...."

However, considering the plethora of decisions of this Court, referred to hereinabove, this Court has again held that 'institutional preference' is permissible and even the introduction of NEET would not affect the 'institutional preference'. This Court has noted that 'institutional preference' up to 50% seats is permissible.' 

Read more:

• NEET 2020: 7.5 % quota for Government School Students in Tamil Nadu
• Tamil Nadu NEET Ranking List 2020: 7.5 per cent seats reserved for government school students