The DMK had filed a contempt petition against the Union government over the delay in implementation of reservation in the current academic year as directed by the High Court in July, 2020.

Madras High Court
news Court Wednesday, August 25, 2021 - 18:48

The Madras High Court on Wednesday, August 25, said that 10% reservation for the economically weaker sections (EWS) for admission to medical and dental seats in All India Quota (AIQ) seats is not possible without approval from the Supreme Court. The court was hearing a contempt plea filed by ruling Dravida Munnetra Kazhagam (DMK) against the Union government for failing to implement the reservation in the current academic year, despite an order from the Madras High Court in 2020.

The court said that implementing the EWS quota will breach the 50% limit set by the Supreme Court for reservations. A bench of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu said, "EWS quota is impermissible till the same is approved by the Supreme Court of India."

“Inclusion of 10% vertical reservation for Economically Weaker Section (#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 recognized as impermissible till such approval is obtained,” the Madras High Court said, according to Bar and Bench.

The court, however, said that the 27 per cent reservation notified by the Union government for OBCs —  in AIQ seats surrendered by Tamil Nadu government for admission to medical and dental courses —  is possible, and this need not provide the 50 per cent reservation as followed in the state.

LiveLaw reported that the Madras High Court said that there was no ‘deliberate’ violation by the Union government for not implementing the High Court’s previous decision. The court noted that the reservation provided by the Union government for OBC, Scheduled Caste, Scheduled Tribe and Persons with Disabilities, under AIQ seats was in accordance with law.

The Union government, contesting the petition, had said that the reservation for SC and ST communities have been provided in the AIQ seats on the basis of the Central government Act. Union Government on July 29, in AIQ seats of medical and dental courses, 27% reservation for the OBCs while 10% reservation for EWS. If state reservation was to be followed, the Union Government noted, in the AIQ for OBCs, it would lead to a different scenario. 

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