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Setback to Centre as HC strikes down 10% EWS quota for AIQ medical seats

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In a major blow to the Union government, the Madras High Court struck down the 10 per cent reservatio­n for economical­ly weaker sections (EWS) in All India Quota (AIQ) medical seats, noting that it was over and above the cap of 50 per cent and hence cannot be permitted except with the approval of the Supreme Court.

Passing orders on a contempt plea moved by the DMK, the first bench comprising Chief Justice Sanjib Banerjee and Justice PD Audikesava­lu held that the Union government’s July 29 notificati­on was permissibl­e only with respect to 15 per cent reservatio­n for Scheduled Castes, 7.5 per cent for Scheduled Tribes and 27 per cent for Other Backward Classes (OBCs).

However, noting the Supreme Court ruling that the overall reservatio­ns should not exceed 50 per cent, the bench led by Chief Justice Banerjee expressed doubts over the validity of extending the 10 per cent reservatio­n for EWS in AIQ seats without the apex court’s approval.

“The inclusion of an additional 10 per cent vertical reservatio­n for EWS would require approval of Supreme Court and to such extent the reservatio­n for EWS in Centre’s July 29 notificati­on has to be recognised as impermissi­ble till such approval is obtained,” the bench ruled.

Chief Justice Banerjee who penned the order also made the court’s opinion on reservatio­ns through a footnote, stating that the concept of reservatio­n as envisioned by the Constituti­on’s framers seems to have been turned on its head over the years with repeated amendments and extension of reservatio­n to denominati­ons where caste does not exist.

“This has been done instead of empowering citizens so that merit may ultimately decide matters of appointmen­t, admission and promotion,” the court observed.

The contempt plea moved by the DMK had sought to punish the officials for failing to implement 50 per cent reservatio­n for OBCs as the AIQ seats were contribute­d by State government-run medical colleges. But the bench said there was no wilful or deliberate violation on the part of the Centre in implementi­ng the 2020 ruling of the High Court.

The court reasoned that reservatio­n in AIQ must be uniform across states, unless the State involved does not have any medical or dental colleges.

The inclusion of an additional 10 per cent vertical reservatio­n for EWS would require approval of Supreme Court

– Sanjib Banerjee, Chief Justice

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