The bench made it clear that admissions into the relevant colleges in Tamil Nadu can only be upon implementing the reservation.
In its July 27, 2020, order, the court had held that there was no constitutional or legal impediment in extending reservation for OBCs in the State-surrendered seats, and directed the Centre to decide on the percentage in three months.
Contending that this order was not given full effect, DMK’s TKS Elangovan of filed a contempt petition. During the hearing, the first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy refused to accept the Centre’s submission that it was awaiting the outcome of a plea pending at Supreme Court.
“The matter pertaining to OBC reservation in respect of AIQ seats has already been decided by this court. The Supreme Court has held that the issue cited by the Union government relates to a reservation issue pertaining to UP and would not stand in the way of the matter being decided by this High Court,” the bench said.
In the light of that observation, the Centre’s attempt to not implement OBC reservation in AIQ seats in 2021-22 appeared to be contemptuous and in derogation of the earlier order of the High Court, and contrary to the observation of the Supreme Court on October 26, 2020, the bench said. The court then granted the Centre a week’s time to consider the mode and time of implementation of the 1993 State Act, which accorded the 69 per cent reservation, from the academic year 2021-22. Appearing for the DMK, senior counsel P Wilson said the wilful failure to implement the order from this academic year would affect more than 400-500 OBC students.