The Supreme Court on Friday set aside a Madras High Court ruling in connection with the reservations of economically weaker sections in the All-India Quota scheme for undergraduate and postgraduate medical and dental courses, Live Law reported. The High Court on August 25 had said that the Centre’s decision to provide the 10% reservations would require the Supreme Court’s permission.
However, the bench of Justices DY Chandrachud and BV Nagarathna clarified that it was not quashing the High Court order or commenting on its merit but just setting aside the observations made with regard to the Supreme Court’s approval on quota for economically weaker sections.
The bench noted that the High Court had transgressed its “contempt jurisdiction”.
“What the Madras High Court has done is that it has asked the Centre to seek approval of a five-judge bench which will be hearing a challenge made to the validity of 103rd constitutional amendment providing 10 per cent EWS quota,” it said.
The bench will hear a batch of pleas challenging the Centre’s notification providing 27% reservations for Other Backward Classes and 10% for EWS category for admission to medical courses on October 7.
The Madras High Court had passed the order while closing the Dravida Munnetra Kazhagam’s contempt petition against the Centre.
Tamil Nadu’s ruling party had demanded that the Centre provide 50% reservation to Other Backward Classes. “AIQ [All-India Quota] seats must be uniform across all states except in states which do not have any medical or dental colleges,” the judges had said.
The Supreme Court on Friday said: “We are of the view that High Court has transgressed the limitations of contempt jurisdiction by entering into areas which was alien to the issues raised of compliance with earlier order.”
SC stays Kerala HC proceedings on plea challenging 10% EWS quota
The Supreme Court Friday stayed the Kerala High Court proceedings on a plea challenging the Centre’s decision to grant 10% reservation in jobs and admissions to candidates from the economically weaker sections, reported PTI.
The bench of Chief Justice NV Ramana and Justices Surya Kant and Hima Kohli also issued a notice on the Centre’s plea to transfer the case from the High Court to the Supreme Court. A similar plea and other related petitions challenging the validity of the Act are pending before the Supreme Court.