NEET: SC sets aside Madras HC verdict on EWS quota
The Madras High Court had earlier upheld the Centre’s notification for 27 per cent OBC reservation but said 10 per cent EWS quota cannot be permitted without the Supreme Court’s approval.
The Supreme Court (SC) has clarified that the Union government does not need its approval to implement the 10 per cent quota for students belonging to economically weaker sections (EWS) in the All India Quota (AIQ) seats for postgraduate and undergraduate medical and dental courses, as indicated in a Madras High Court order.
The Madras High Court had last month upheld the Centre’s notification for 27 per cent OBC reservation but said the 10 per cent EWS reservation cannot be permitted without the Supreme Court’s approval.
However, the apex court made it clear that it was not quashing the entire high court order passed on August 25 or stating any opinion on its merit but just setting aside the observations made with regard to the top court’s approval on the EWS quota.
"The notification of July 29, 2021, issued by the Union as a consequence of the order dated July 27, 2020, appears to be in order insofar as it provides for reservation for scheduled castes, scheduled tribes and OBC categories. The horizontal reservation provided in such notification for people with disabilities also appears to be in accordance with law," the Madras HC Bench had said.
However, with regard to 10 per cent EWS reservation the Bench had observed: "The additional reservation provided for economically weaker sections in the notification of July 29, 2021, cannot be permitted, except with the approval of the Supreme Court in such regard."
The SC has directed the Centre to file its response by October 6 and said the matter will be heard on October 7.
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