Hope Governor will decide on 7.5% horizontal quota quickly: HC

The Madurai Bench of the Madras High Court on Thursday hoped that Governor Banwarilal Purohit would take a call on the earliest with regard to the Bill on implementing 7.5% horizontal reservation for presidency college college students who’ve cleared the National Eligibility-Cum-Entrance Test (NEET) for medical admissions.

During the listening to of a batch of Public Interest Litigation (PIL) petitions filed on this regard, a Division Bench of Justices N. Kirubakaran and B. Pugalendhi was knowledgeable by Advocate General Vijay Narayan that the Governor would wish three to 4 weeks time to take a call on the Tamil Nadu Admission to Undergraduate Courses in Medicine, Dentistry, Indian Medicine and Homeopathy on Preferential Basis to Students of Government Schools Bill, 2020.

When the judges requested as to why there was a delay in taking a call, the Advocate General, referring to Article 361 of the Constitution (Protection of President and Governors), submitted that safety has been given to the constitutional authority. Moreover, the Governor was not answerable to any court docket for the train of the powers and duties, he added.

“No doubt Article 361 of the Constitution of India gives protection to the constitutional authority. However, in the given circumstances, a decision has to be taken taking into consideration the future of government school students, who are invariably from marginalised and poor sections, as soon as possible as provided under Article 200 of the Constitution of India [Assent to Bills],” the judges mentioned.

‘As soon as possible’

Further, the judges noticed that, “A perusal of Article 200 [Assent to Bills] would reveal that the constitutional authority has to take a decision if a Bill is presented for assent as soon as possible. The protection has been given by the framers of the Constitution with the hope and trust in the appointees that they would perform their constitutional functioning promptly and there would not be any situation wherein they would be called to give an explanation”. The court docket noticed that the Bill was handed by the Tamil Nadu State Legislative Assembly unanimously on September 15 and was despatched for assent to the Governor on the exact same day. However, the Bill was pending for nearly two months with none resolution being taken.

Under these circumstances, the NEET outcomes have been additionally revealed on October 16. Though it’s claimed that round 400 to 500 college students from authorities faculties certified within the examination, the truth is that solely a single digit variety of college students will be certified for admission to the medical programs as per the committee report. Moreover, from the introduction of the NEET in 2017, solely 14 college students from authorities faculties have gotten admission to the medical programs, the judges added.

“When the situation changes and the present kind of situation arises, a different approach has to be taken by the courts in the interest of the public. It is a well settled law that an ‘extraordinary situation requires extraordinary remedies’. When public interest requires, this court has to do its constitutional duties and address the situation. However, this court is of the opinion that such a situation would not arise to pass any order in this matter,” the judges mentioned.

The court docket was listening to a batch of PILs that sought a route to the State to implement horizontal reservation for presidency college college students as advisable by the Commission headed by retired High Court Judge P. Kalaiyarasan.

The case was adjourned until November 2.

Earlier, the State authorities knowledgeable the court docket that till a call was taken by the Governor on the Bill on implementing 7.5% horizontal reservation for presidency college college students, the prospectus for admissions wouldn’t be issued.