SC nod must for EWS reservation: Apex court nixes Madras HC order

SC nod must for EWS reservation: Apex court nixes Madras HC order

AmitAnand.Choudhary@timesgroup.com

New Delhi:25.09.2021

A two-judge bench of the Supreme Court headed by Justice D Y Chandrachud on Friday quashed an order of the Madras high court directing the Centre to first get approval of the top court before implementing 10% reservation for economically weaker sections (EWS) in all-India Quota for medical admissions. 

In a related development, another bench headed by CJI N V Ramana stayed the proceedings of a PIL before the Kerala HC that challenged the validity of the 103rd Constitution Amendment Act, 2019, providing for 10% EWS quota in jobs and admissions to government educational institutions.

The bench of Justices D Y Chandrachud and B V Nagarathna said the Madras HC had erred in passing the order while adjudicating a contempt petition filed by the DMK on OBC reservations. The order was “unnecessary” and was “alien” to the subject matter it was adjudicating upon, the judges said, but made it clear that they were not passing an order on the merit of the case or expressing any view on the reservation policy. “These observations were not connected with the case. The HC has gone beyond the contempt jurisdiction by making unnecessary observations,” the bench said.

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SC stays Kerala HC trial on 10% EWS quota in jobs plea

The bench, however, agreed to examine a batch of petitions against the Centre’s decision to extend 27% reservation for OBCs and 10% for EWS category in PG medical admissions and asked the government to file its response to decide on the plea for interim stay of the policy as pleaded by a group of MBBS doctors who are aspiring to pursue higher medical education.

The doctors have approached the apex court through advocate Vivek Singh and sought interim stay on the notification issued by the Centre on July 29. The petitioners alleged that the attempt to provide for reservation in All-India Quota (AIQ) seats in PG medical courses is clearly contrary to the law laid down by the apex court and the general category students applying for PG medical courses are being reduced to a minuscule minority.

“The attempt of Union of India to provide for reservation in All India Quota of 50% seats in PG medical course is clearly contrary to law laid down by this court. It is pertinent to note 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 overcome the difficulty of institutional preference and high percentage of reservation, this court directed that 50% seats should be reserved in PG medical courses for All India Quota which will be without any reservations,” the petition said.

“In view of the above facts the impugned notification for reservation of 27% to the OBC candidates and 10% to EWS in All India Quota is not only in clear contravention of the judgement of of this court but also defeats the entire purpose for which seats were carved out,” it said.

In a related development, a bench headed by CJI N V Ramana stayed the proceedings before the Kerala HC on a PIL challenging the validity of 103rd Constitution Amendment Act, 2019 providing for 10% EWS quota in jobs and admissions to government educational institutions.

Solicitor general Tushar Mehta informed a bench headed by CJI N V Ramana that when the SC is seized of the issue, it would not be appropriate for the Kerala HC to proceed with the same exercise in a parallel proceeding. The bench issued notice to PIL petitioner Nujaim PK and stayed the proceedings before the HC.

On August 5 last year, a three-judge bench of the SC had accepted the Centre’s request to transfer all similar cases pending in various HCs challenging the 10% EWS reservation to the Supreme Court and had also referred the matter to five judge bench, saying that the petitions raised a substantial question of law having great importance.