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It was on Monday that the Madras High Court called for a response from the state government in a series of petitions that were filed challenging the constitutionality of the Tamil Nadu Admission to Undergraduate Courses in Medical and Dental Sciences, Indian Medicine, and Homeopathy on a Preference Basis to Students of Government Schools Act, 2020. (Act No. 34 of 2020). The challenged legislation establishes a horizontal reservation of 7.5 percent of medical college seats for students who graduate from public high schools in the state. A Bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy expressed their views on the arguments raised in the writ petitions, noting that in several of the petitions, the amendment introduced in this regard has been challenged; while in others, particularly those filed by missionary schools or church-aided schools, the suggestion is that because such schools are also aided and funded by the government, they should be exempt from the provisions of the amendment. The legislation had been promulgated in October 2020 and was planned to become effective as early as the present academic year 2020-2021.
However, this was not the case. According to the government, the purpose of extending such a reserve is to help government school pupils who are experiencing economic, social, and educational disadvantages rise above their circumstances. In their petition, the petitioners stated that, even if a reservation has been established to benefit the weaker sections of society, it is essential that the government take steps to identify the specific class of students who are suffering from such economic backwardness rather than providing a blanket benefit to everyone. On January 5, 2021, the Bench expressed displeasure with the writ petitioners' generic class of pupils who attend government schools, without making any attempt to determine the economic circumstances of the students' families, which was formed without their knowledge. On the basis of this information, an immediate order is sought.
On Monday, the Court ordered the respondent authorities to file their counter-affidavit within four weeks of being served with the summons. After that, on September 13, the subject is scheduled to be heard again.
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