27% & 10% reservations for OBCs and EWS medical students in AIQ

The ministry of health under the central government has announced 27% seats for OBC (other backward class) and 10% seats for EWS (economical weaker section) in the realm of medical or dental courses (MBBS/MD/MS/Diploma /BDS /MDS) under the All India Quota (AIQ) for the session of 2021-22 onwards.
In the judgement of the hon. Supreme Court in the case of Dr. Pradeep jain Vs Union of India on the date of 22 June 1984. Dr. Jain the appleant filed a petition that on the basis of Domicile or Resident state shouldn’t be reserved 100% seats in their own medical colleges the context of state the hon. Supreme Court stated that no state government may reserved 100% seats on the basis of domicile /resident. In view of this the Supreme Court arranged All India quota. This means that where there are not good medical colleges, the meritorious students would get the chance to study in other states. There after AIQ called domicile – free, merit – based opportunities for medical aspirants. Now students of Bihar could study in prominent medical college of Delhi ya kolkatta or any of the state in India. Under this provision 15% seats for MBBS (UG) and 50% seats for 50% PG are surrendered to the another state students for example 1000 seats in UG which will have 15% like 150 seats reserved for medical students from other states, similarly in PG medical courses total 1000 seats in PG medical in which 50% like 500 reserved for other states. there were no reservation involved but just got reservation form other states medical aspirant. Further in 2007 the Supreme Court introduced reservation where as containing a provision made for 15% for SCs and 7.5% for STs. In the AIQ scheme in that criteria the OBC & EWS reservations was excludes it’s had been asking for years now it have been completed.
In the same order & same year when “Central educational institutions (Reservation in admission) Act 2007 was introduced in this provision 27% reservation has been reserved for OBCs but only in central institutions like BHU, NLU, Lady harding medical college etc but now in present scenario the 27% & 10% has been given in state’s medical/Dental Colleges for OBC & EWS respectively.
Although question arose that when quota system came into existence then opportunities of the general category which didn’t under any category there opportunity could be decreased. In this context constitutional amendment act 2019 where 10% reservation had been reserved for Economical Weaker Section due to which the central government did hike quite a lot of seats in medical colleges. So as to the seats for feudal classes doesn’t have scrimpy but that time the scheme for OBC had not been regulate further that’s why the scheme for EWS also implemented. That’s the reason 550 EWS aspirants will benefit under UG MBBS courses & 1000 EWS students will benefit under PG medical courses. In this regard according to government perspective consistently medical education assessment has been boost since 2014 from last 6 years the seats of MBBS (UG) have increased by 56% from 54,348 seats in 2014 to 84,649 seats in 2020 similarly the seats of PG have increased by 80% from 30,191 in 2014 to 54,275 seats in 2020. During the same period 179 new medical colleges have been established, now in present scenario total 558 (289 government, 269 private) medical colleges in the country.
Even now when we discuss about this chapter then we find that after the commencement of the landmark judgement by the hon. Supreme Court in 1984 there was a lot of clutter dilated where states had directly juged the fundamental right where the Article 19(g) “to practice any profession, or to carry on any occupation, trade or business” was violated in other words the state’s monopoly had been ending our unity. In the country of ‘unity in diversity’ where a state meritorious students couldn’t study in the medical college of another state. but kudos to the our hon. Supreme Court that they established the ‘All India Quota’ (AIQ) and now kudos to the central government that this reservation cluttered with so many years they made this reservation taking cognizance and implementing it.

By – Sunny kumar (Saharsa, Bihar)  Student of school of law,  central university haryana

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