NE LEGAL BUREAU
NEW DELHI, SEP 24
The Supreme Court Friday set aside a Madras High Court direction that the Centre must seek the top court’s approval before implementing 10 percent reservation for the EWS in all-India quota (AIQ) seats of medical colleges, saying it “transgressed the limitations” by entering into areas which were alien to the issue.
The apex court made clear however that it is 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 top court’s approval on Economically Weaker Sections (EWS) quota.
A bench of Justices D Y Chandrachud and B V Nagarathna said the high court should not have expressed such an opinion while hearing a contempt petition filed by ruling DMK party in Tamil Nadu for alleged non-compliance of July 27, 2020 order by the Centre on the issue.
“We are clearly of the view that the High Court has transgressed the limitations in the exercise of the contempt jurisdiction by entering into areas which were alien to the issue as to whether the judgement dated July 27, 2020 was complied with,” the bench said.
It said that having come to the conclusion that there was no breach of the judgment (July 27, 2020), the rest of discussions in the order of the High Court were unnecessary for the purpose of the contempt petition.
“We therefore hold that the direction that has been issued by the high court in paragraph…is alien to the exercise of contempt jurisdiction and accordingly shall stand set aside,” the bench said.
The top court clarified, that the directions of the high court (with regard to EWS quota) is set aside not on merits but on the sole ground that such a direction has transgressed the limitation of the contempt jurisdiction.
“Substantive petitions have been filed before this court challenging the notification dated July 29 (on grant of 27 per cent reservation for OBC and 10 per cent for EWS category in NEET admissions for medical courses), we are clarifying that we are not expressing any opinion on the merit of the submissions which will arise for determination in a group of petitions which are pending before this court for adjudication”, it said.
The top court also clarified that in view of the pendency of petitions before this court it is not expressing any opinion on the correctness of the findings of the high court which had approved the July 29 notification providing 27 percent reservation to OBC candidates for admission in central medical colleges under the AIQ.
During the hearing, the top court said, “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 percent EWS quota”.
The top court disposed of the Centre’s appeal against the Madras High Court order.
The bench said that it would hear on October 7, a batch of pleas challenging the Centre’s July 29 notification providing 27 percent reservation for Other Backward Class (OBC) and 10 per cent for EWS category in NEET admissions for medical courses.
