The Supreme Court on Friday, September 24, set aside the Madras High Court’s recent observation that implementing 10% reservation for the economically weaker sections (EWS) in admission to medical and dental seats under the All India Quota (AIQ) in NEET admissions, is not possible without approval from the Supreme Court. A Supreme Court bench observed that the Madras High Court's observations were “unnecessary”, as they were made in the context of the High Court hearing a contempt petition filed by the ruling DMK against the Union government for failing to implement OBC reservation in NEET AIQ in the current academic year. The Supreme Court was hearing a special leave petition filed by the Union government against the Madras High Court's observations on the EWS quota, according to LiveLaw.
Appearing on behalf of the DMK, senior advocate Kapil Sibal noted that the issue was complicated and that the High Court’s observation being set aside would have larger ramifications, Bar & Bench reported. However, the court noted that it was not setting the observation aside based on the merits of EWS quota, but solely on the grounds that it transgresses the High Court’s contempt jurisdiction. "We are clearly of the view that the High Court has transgressed the contempt jurisdiction by delving into the areas which were not necessary to be entered into", the SC bench, comprising Justices DY Chandrachud and BV Nagarathna, observed, according to LiveLaw.
Earlier in August, a Madras High Court bench of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu had said that EWS quota was impermissible till the same is approved by the Supreme Court, as it would breach the 50% limit set by the Supreme Court for reservations.
The Union government took objection to the Madras High Court’s observation, which was set aside by the Supreme Court on Friday, September 24.