NEET-AIQ: Supreme Court sets aside Madras HC's direction to Centre on EWS reservation

The Supreme Court of India on Friday, September 24, set aside the Madras High Court's direction to the Central government which stated that for the application of reservation for Economically Weaker Sections (EWS) in the National Eligibility cum Entrance Test-All India Quota (NEET-AIQ), it has to seek acceptance of the top court's Constitution Bench. 

A bench headed by Justice DY Chandrachud said that it is not quashing Madras HC's direction on merit but on the ground that the Court shouldn't have passed the order while deciding a contempt plea filed by Dravida Munnetra Kazhagam (DMK).

SC sets aside Madras HC's direction to Centre on EWS reservation on NEET-AIQ

The top court observed that Madras High Court's observations were unnecessary. "When you are in contempt jurisdiction, you just need to see if the order has complied or not," Justice Chandrachud said.

On August 25, the high court had upheld the Union government's July 29 notification for 27% OBC reservation but stated that 10% EWS reservation cannot be allowed without the top court's approval.

New quota system in medical colleges

On July 29, the Centre had extended 27% OBC and 10% EWS quota reservation to all medical seats under the All India Quota. It also included the seats surrendered by state medical colleges towards the Central pool. The OBC and EWS reservation quota covers UG (undergraduate) and PG (Postgraduate) medical courses and dental courses, beginning from the current academic year. According to the government, the quota policy would benefit the marginalised sections of the society to get better opportunities.

The High Court's direction had come on a contempt petition filed by Dravida Munnetra Kazhagam over delay in executing OBC reservations for AIQ seats in the state for the academic year 2021-2022. 

Meanwhile, the Supreme Court has sought the government's response by October 26 on a plea filed by medical students against the Central government's July 26 notification in medical and dental courses. These petitions were filed by Yash Tekwani and Neil Aurelio Nunes and have contended that the selection process for colleges had already begun and could not be interfered with.

Image: PTI