Will EWS quota fall within 50pc limit, HC asks Centre

Noting that the Union government’s justification that it had to stick to 27% reservation for OBCs – and not 69% as per the State Act – because total quota cannot exceed 50% failed to pass muster, the Madras High Court asked the Centre whether the 10 per cent reservation for Economically Weaker Section (EWS) in All India Quota medical seats would be within the limit or above that.

The first bench comprising Chief Justice Sanjib Banerjee and Justice PD Audikesavalu, before whom the contempt plea moved by DMK came up for further hearing, pointed out that as per the reservation pattern adopted by the Union government (27% for OBC, 15% for SC, 7.5% for ST and 10% for EWS), the total comes to 59.5%, which is more than the 50 per cent cap on reservation.

The judgment rendered by the court has to be interpreted to ensure that it was implemented, said the bench, adding: “It does not appear that even the petitioner (DMK) cares too much for the alleged contemnors being hauled up as long as the order of this court of July 27, 2020, is implemented in letter and spirit.”

The court also recorded the petitioner’s contention that the order had unequivocally accepted that the reservation in terms of Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act, 1993, would be applicable and hence All India Quota seats for medical admission would be governed by the same ratio of reservation as indicated in the 1993 Act.

After Additional Solicitor General R Sankaranarayanan submitted that he had to obtain instructions on whether he can say that 10% EWS quota was not a communal reservation, the bench adjourned the case to August 9.