Reservation Which Was To Remain Only For Short Duration Being Extended Endlessly – Madras High Court
The Court has held that the reservation system was part of an infancy period of independent India and was to remain only for a short period of time and now has been extended endlessly through repeated amendments.
The Madras High Court while dismissing the contempt proceedings filed against the Centre by DMK party has held that the reservation system was a temporary measure which was a part of the infancy period of independent India and which is being extended endlessly through repeated amendments, thereby perpetuating the caste system in the country (DMK v. Rajesh Bhushan and Ors.).
A division bench of Chief Justice Sanjib Mukherjee and Justice P.D.Audikesavalu opined "Rather than the caste system being wiped away, the present trend seems to perpetuate it by endlessly extending a measure that was to remain only for a short duration to cover the infancy and, possibly, the adolescence of the Republic. Though the life of a nation state may not be relatable to the human process of aging, but at over-70, it ought, probably, to be more mature."
Contempt of court plea was filed by Dravida Munnetra Kazhagam (DMK) party against the Central Government in the matter of enforcing reservation on the Other Backward Classes (OBCs) in the All India Quota (AIQ) medical college seats surrendered by Tamil Nadu for pursuing post-graduate, under-graduate and diploma in medical and dental courses in the state. The allegation of the petitioner was that the Centre violated the direction of the High Court to implement the reservation in vogue in the state to AIQ seats. The center argued that the matter of implementation of reservation to the AIQ seats was left to be decided a committee to be formed pursuant to the order.
The Court observed that it is high time that the citizens are empowered so that ultimately merit decides the issues of admission, appointment, and promotion of candidates.
The entire concept of reservation as envisioned by the Constituent Assembly while framing the Constitution of India may have been turned on its head through repeated amendments and the veritable re-invigoration of the caste system, even extending it to denominations where it does not exist, the Court observed.
The contempt proceedings against the Central Government were dropped by the Court holding that the 27% reservation offered by the Centre in its July 29th notification was not in violation of the order of the High Court. Also, that the 10% vertical reservation for Economically Weaker Sections (EWS) would be permissible only when allowed by the Supreme Court and to such extent as indicated in the notification of July 29th, 2020.
