Supreme Court approval required for implementation of EWS quota in All India Quota seats: Madras High Court

By: |
August 25, 2021 8:14 PM

The High Court dropped the contempt of court case filed by the Dravida Munnetra Kazhagam (DMK) party against the central government on the issue.

Contesting the DMK's plea, the Centre had said that the reservation for SCs and STs have been provided in the AIQ seats based on the Central Government Act.

The Madras High Court today said that the implementation of the 10 per cent reservation as announced by the Centre for the economically weaker sections (EWS) for admission to medical and dental colleges in All India Quota (AIQ) is not possible without the Supreme Court’s approval. Dropping the contempt charges against the Centre, a bench of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu ruled out willful violation on the Centre’s part in implementing the High Court’s 2020 ruling on the issue, reported Bar and Bench.

The High Court dropped the contempt of court case filed by the Dravida Munnetra Kazhagam (DMK) party against the central government on the issue. The court said that the 27 per cent OBC reservation announced by the Centre in July this year may be permissible subject to the Supreme Court’s approval. The HC thus declined to accept the DMK’s contention that a 50 per cent OBC reservation should be implemented for All India Quota seats in Tamil Nadu’s medical colleges in line with the state’s 1993 reservation law.

The bench observed that AIQ reservations must be uniform across states. “The inclusion of an additional 10 per cent vertical reservation for EWS would require approval of the 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,” said the Court.

The court, however, did not pronounce any verdict since a case challenging the validity of the reservation is pending before the Supreme Court.

The DMK had approached the Madras High Court contending that the Centre may not implement the OBC reservation this year for AIQ seats, despite High Court’s July 2020 judgment directing the union government to do it.

Contesting the DMK’s plea, the Centre had said that the reservation for SCs and STs have been provided in the AIQ seats based on the Central Government Act.

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