Rectify OBC quota anomaly: Gauhati High Court

 STAFF REPORTER

GUWAHATI: A division bench of the Gauhati High Court comprising Chief Justice Sandeep Mehta and Justice Susmita Phukan Khaund issued a direction to the Assam Government to rectify and amend Rule 7 (i) (d) of the Medical Colleges of Assam (Regulation of Admission into Postgraduate Degree and Diploma Courses) Rules, 2021. In accordance with well-established legal principles, the modification would guarantee that the reservation benefits for OBC and MOBC candidates are restricted to the Non-Creamy Layer (NCL) category.

In addition, the Court's order applies to the ongoing counselling process, which began on July 27, 2023. As per the directive, candidates who do not meet the NCL criterion, in alignment with existing regulations, shall not be eligible for admission under the 15 percent quota reserved for OBC and MOBC candidates of the state in PG medical courses.

The petitioners in this case are all aspiring candidates seeking admission into various PG medical courses. Senior Counsel Bhaskar Dev Konwar, assisted by Advocate Sangjukta Jain, represented the petitioners. They challenged the validity and legality of Rule 7(i)(d) of the Medical Colleges of Assam (Regulation of Admission into Postgraduate Degree and Diploma Courses) Rules, 2021, which provided a 15 percent quota or reservation of seats for OBC and MOBC without specifying their economic status.

The Court noted a significant flaw in the existing reservation policy, as the quota for OBC and MOBC candidates lacks classification based on economic status, specifically the NCL category. The Court referred to the landmark case of Indra Shawney v. Union of India and emphasised the necessity of considering economic status while implementing reservation. The Court underscored the exclusion of creamy layer candidates from reservation benefits to ensure equitable representation.

Following an inquiry into this anomaly, the Advocate General for Assam, Devojit Saikia, acknowledged the oversight and error on the part of the state government. The Court observed that the reservation for OBC and MOBC candidates had not been restricted to the NCL category, contrary to legal mandates.

The direction of the Court is a welcome step. It rectifies an inadvertent oversight by ensuring that the reservation policy applies in a fair and equitable manner, in accordance with the principle of social justice and constitutional obligations, thereby reaffirming its commitment to upholding the principles of justice and equality in educational institutions.

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