SC sets aside Madras HC instructions to Centre to look for SC approval for implementing EWS quota

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BRAND-NEW DELHI: The Supreme Court on Friday quashed Madras High Court order directing the Centre to initially get approval of the leading court prior to carrying out 10 percent reservation for Economically Weaker Sections (EWS) in medical admission and stated that HC erred by passing the order while adjudicating a contempt petition of DMK celebration on OBC reservation.
A bench of Justices D Y Chandrachud and B V Nagarathna stated that the HC order was “unnecessary” and was “alien” to the subject matter it was adjudicating upon and made it clear that it was not passing order on the benefit of the case and also not revealing any view on appointment policy.
“There was no occasion for the High Court to pass such an order in the course of deciding a contempt petition. These observations were not gotten in touch with the case. The High Court has actually exceeded the contempt jurisdiction by making unnecessary observations,” the bench said.
The bench, nevertheless, accepted examine a batch of petition against Centre’s decision to extend 27 percent appointment for Other Backward Class (OBC) and 10 percent for Financially Weaker Area (EWS) category in PG medical admission and asked the federal government to submit its action to decide plea for interim stay of the policy as pleaded by a group of MBBS medical professionals who are desiring pursue higher education in the medical field.
The physicians have approached the peak court through supporter Vivek Singh and sought interim remain on the notification released by the Centre on July 29. The petitioner declared that the effort to offer appointment in 50 per cent all India quota seats in PG medical course is plainly contrary to the law set by the peak court and the General category trainees getting post graduate medical courses are being minimized to a minuscule minority,
“The effort of Union of India to offer appointment in All India Quota of 50% seats in PG medical course is clearly contrary to law laid down by this court. It is significant to keep in mind that 50% All India Quota was a tool devised by this court to provide seats without any preference of any nature, solely on the basis of merit to the students. It is clear that to conquer the trouble of institutional choice and high percentage of booking this court directed that 50% seats ought to be booked in PG medical courses for All India Quota which will lack any appointments,” the petition said
“In view of the above facts the impugned notification for appointment of 27% to the OBC candidates and 10% to EWS in All India Quota is not only in clear conflict of the judgement of this court but also defeat the whole function for which seats were carved out,” it stated.
The petitioners contended that the number of seats for PG medical courses are restricted and offering seats based upon booking is rejection of chance to meritorious candidates and sought quashing of the July 29 notification which offered for execution of the recommended reservation criteria with effect from scholastic session 2021-22 in the all India Quota plan for undergraduate and postgraduate medical/dental courses (MBBS/ MD/MS/Diploma/ BDS/ MDS).

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Published at Sat, 25 Sep 2021 04:44:01 -0500