Gauhati High Court questions Dispur’s OBC/MOBC quota policy

A division bench comprising CJ Sandeep Mehta and Justice S. P. Khaund of the Gauhati HC has raised concern over the implementation of the 15 percent reservation of seats for OBC and MOBC candidates in the PG Degree and Diploma Courses in Medical Colleges of Assam.
Gauhati High Court questions Dispur’s OBC/MOBC quota policy

STAFF REPORTER

GUWAHATI: A division bench comprising Chief Justice Sandeep Mehta and Justice S. P. Khaund of the Gauhati High Court has raised concern over the implementation of the 15 percent reservation of seats for OBC and MOBC candidates in the Postgraduate Degree and Diploma Courses in Medical Colleges of Assam. The Court has sought clarification from the State Government regarding the absence of classification based on economic status (Non-Creamy Layer) for OBC reservations.

The division bench, in its preliminary observation, has noted that the 15 percent reservation for OBC without considering economic status appears to be in conflict with the Central Government’s notification issued on July 29, 2021, which provides for a 27 percent OBC reservation, specifically for Non-Creamy Layer (NCL) candidates.

The language used in the Assam Government’s notification on December 6, 2021, seems to treat all OBC candidates uniformly without distinguishing them based on their economic status.

To address these concerns, the Court has directed the Advocate General of Assam to respond on behalf of the State regarding the Gazette notification issued on December 6, 2021, and the decision of the State Cabinet to increase OBC/MOBC reservation from 15 percent to 27 percent in higher education institutions (HEIs).

Meanwhile, the Advocate General of the State Government, D. Saikia, informed the Court that the State Cabinet has already taken the decision to increase OBC and MOBC reservation in institutions of higher education from 15 to 27 percent.

Three aspiring candidates for PG Medical seats under State quota have filed a petition in the Court seeking a 27 percent reservation of seats for OBC. It is important to note that all three candidates belong to the Non-Creamy Layer category of OBC. The counsel of the petitioner is Senior Advocate Bhaskar Dev Konwar, assisted by Advocate Sangjukta Jain.

The first round of online counselling for admission into 50 percent Postgraduate seats in Government Medical Colleges of Assam and B.B.C.I., Guwahati, under the Assam State quota for the session 2023 is to commence on August 5, 2023.

The Court will hear the case on August 7, 2023.

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