Vagisha Kaushik|Oct 26, 2021
10% EWS reservation in AIQ seats not permissible without SC approval: Madras High Court
Madras High Court approves the 27% reservation of OBC as notified by the Centre. However, it said an additional reservation of 10% for EWS is not permissible without the SC approval.
NEW DELHI: The Madras High Court has today pronounced judgment on Dravida Munnetra Kazhagam’s (DMK) contempt plea over OBC reservations in All India Quota (AIQ) medical seats. The High Court said an additional reservation of 10% for Economically Weaker Sections (EWS) provided in July 29 notification of Centre for AIQ seats is not permissible without the approval of Supreme Court, according to Bar and Bench.
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The court has dropped contempt proceedings but also doubted the correctness of the EWS reservation.
“Inclusion of 10% vertical reservation for Economically Weaker Section would require approval of Supreme Court and to such extent, the reservation for EWS in Centre’s July 29 notification has to be recognized as impermissible till such approval is obtained,” the Madras High Court said.
Inclusion of 10% vertical reservation for Economically Weaker Section (#EWS) would require approval of Supreme Court and to such extent, the reservation for EWS in Centre’s July 29 notification has to be recognized as impermissible till such approval is obtained: #MadrasHighCourt— Bar & Bench (@barandbench) August 25, 2021
Opposing the demand of 50% OBC reservation by DMK, the court further stated that the reservation extended for OBC, Scheduled Caste, Scheduled Tribe, PwD in AIQ medical seats by Centre's July 29 notification appear to be in order. But EWS reservation in said notification cannot be permitted except with the approval of SC.
According to Bar and Bench, the court approved the provision of 27% reservation of OBC as notified by the Centre.
On July 29, The central government had approved 27% reservation to candidates belonging to OBCs and 10% reservation for EWS aspirants in the AIQ scheme for undergraduate and postgraduate medical and dental courses.
The centre said nearly 1500 OBC students in MBBS and 2500 OBC students in PG medical courses and also around 550 EWS students in MBBS and around 1000 EWS students in PG courses will benefit from this every year.
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