Vagisha Kaushik|Oct 22, 2021
NEET: SC sets aside Madras HC’s observation on EWS reservation as ‘unnecessary'
Supreme Court said that "the High Court has transcended and transgressed the contempt jurisdiction by delving into the areas which were not necessary."
NEW DELHI: The Supreme Court today set aside Madras HC's observation, which said that the EWS reservation in the National Eligibility cum Entrance Test (NEET) AIQ can be implemented only with the approval of the Constitutional Bench that is examining the correctness of the 102nd Constitutional Amendment, Live Law reported.
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“We are clearly of the view that the High Court has transcended and transgressed the contempt jurisdiction by delving into the areas which were not necessary to be entered into,” Bench of Justices DY Chandrachud and BV Nagarathna observed.
The bench also said that it was “unnecessary” to delve into the validity of the notification dated July 29.
BREAKING: Supreme Court sets aside Madras HC's observation wherein it had observed that reservation for EWS in the NEET AIQ can be implemented only with approval of Constitutional Bench which is examining the correctness of 102nd Constitutional Amendment. https://t.co/4GyD6RFNSb— Live Law (@LiveLawIndia) September 24, 2021
The Madras High Court on August 25 said that the provision of 27% reservation for OBC candidates in addition to the approved reservation for scheduled caste and scheduled tribe candidates as indicated in the notification of July 29, 2021, may be permissible subject to the formal approval of the Supreme Court.
However, the HC had rejected a plea for more reservation for Tamil Nadu and had said the reservation of AIQ seats for admission to the undergraduate, postgraduate and diploma medical and dental courses across the states must be uniform.
“If the seats are given to candidates across the country, there cannot be reserved to one extent in one state and to another extent in a different one,” the High Court had said.
"Having found that there is no contempt, the High Court has gone into a wider spectrum..there the High Court has really erred. When you are in contempt jurisdiction, you just need to see if the order has been complied or not", Justice Chandrachud remarked, as per the report.
“The Union of India (UOI), however, is in appeal since the High Court in the course of its judgement has dealt with issues which fairly speaking did not arise in the exercise of contempt jurisdiction,” the court said.
The Supreme Court was considering a special leave petition filed by the Union Government against the Madras High Court's observations.
Senior Advocate Kapil Sibal, appearing for the Dravida Munnetra Kazhagam(DMK), however, did not object to the findings of the Madras High Court that there is no contempt committed by the Centre.
The Madras High Court had in August pronounced judgment on DMK’s contempt plea over OBC reservations in All India Quota (AIQ) medical seats.
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