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NEW DELHI: On Friday, the Supreme Court overturned the Madras High Court order directing the Center to first obtain approval from the highest court before implementing a 10% reserve for sections economically weaker (EWS) in medical admission and stated that HC erred in passing the order when judging a contempt petition from the DMK party on the OBC reserve.
A bench of Judges DY Chandrachud and BV Nagarathna declared that the HC order was “unnecessary” and was “foreign” to the subject matter on which it was ruling and made it clear that it was not issuing an order on the merits of the matter and no longer express any opinion on the reservation policy.
“There was no occasion for the High Court to make such an order as part of the adjudication of a contempt petition. These submissions were unrelated to the case. The High Court went beyond of the contempt jurisdiction by making unnecessary submissions, “the judiciary said. .
The bench, however, agreed to examine a batch of petitions against the Centre’s decision to extend the reservation by 27% for other backward classes (OBC) and by 10% for the category of the economically weaker section (EWS) in PG medical admission and asked the government to file its response to decide on the request for provisional police suspension, as argued by a group of MBBS doctors who aspire to pursue higher education in the medical field .
Doctors approached the Supreme Court through lawyer Vivek Singh and requested an interim stay on the notification issued by the Center on July 29. contrary to the law enacted by the Supreme Court and general category students who apply for postgraduate medical courses are reduced to a tiny minority,
“The Union of India’s attempt to provide for a reservation in the All India quota of 50% of seats in the PG medical course is clearly against the law established by this tribunal. It is relevant to note that 50% All India Quota was a tool designed by this tribunal to provide seats without any preference of any kind, purely on the basis of student merit.It is clear that to overcome the difficulty of institutional preference and high percentage of reservation, this court ordered that 50% of the seats be reserved in PG medical course for All India Quota which will be without any reservation ”, indicates the petition
“In view of the above facts, the disputed notification of the reservation of 27% to OBC candidates and 10% to EWS in All India Quota is not only in flagrant violation of the judgment of this court, but also goes against of the overall objective for which the seats were carved out, ”he said.
The petitioners argued that the number of places for PG medicine courses is limited and that the granting of places by reservation is a denial of opportunity to deserving applicants and requested that the July 29 notice be rescinded which provided for the implementation of the reservation criteria prescribed from the academic session 2021. -22 in the quota program for all of India for undergraduate and postgraduate medical / dental courses (MBBS / MD / MS / Diploma / BDS / MDS).
A bench of Judges DY Chandrachud and BV Nagarathna declared that the HC order was “unnecessary” and was “foreign” to the subject matter on which it was ruling and made it clear that it was not issuing an order on the merits of the matter and no longer express any opinion on the reservation policy.
“There was no occasion for the High Court to make such an order as part of the adjudication of a contempt petition. These submissions were unrelated to the case. The High Court went beyond of the contempt jurisdiction by making unnecessary submissions, “the judiciary said. .
The bench, however, agreed to examine a batch of petitions against the Centre’s decision to extend the reservation by 27% for other backward classes (OBC) and by 10% for the category of the economically weaker section (EWS) in PG medical admission and asked the government to file its response to decide on the request for provisional police suspension, as argued by a group of MBBS doctors who aspire to pursue higher education in the medical field .
Doctors approached the Supreme Court through lawyer Vivek Singh and requested an interim stay on the notification issued by the Center on July 29. contrary to the law enacted by the Supreme Court and general category students who apply for postgraduate medical courses are reduced to a tiny minority,
“The Union of India’s attempt to provide for a reservation in the All India quota of 50% of seats in the PG medical course is clearly against the law established by this tribunal. It is relevant to note that 50% All India Quota was a tool designed by this tribunal to provide seats without any preference of any kind, purely on the basis of student merit.It is clear that to overcome the difficulty of institutional preference and high percentage of reservation, this court ordered that 50% of the seats be reserved in PG medical course for All India Quota which will be without any reservation ”, indicates the petition
“In view of the above facts, the disputed notification of the reservation of 27% to OBC candidates and 10% to EWS in All India Quota is not only in flagrant violation of the judgment of this court, but also goes against of the overall objective for which the seats were carved out, ”he said.
The petitioners argued that the number of places for PG medicine courses is limited and that the granting of places by reservation is a denial of opportunity to deserving applicants and requested that the July 29 notice be rescinded which provided for the implementation of the reservation criteria prescribed from the academic session 2021. -22 in the quota program for all of India for undergraduate and postgraduate medical / dental courses (MBBS / MD / MS / Diploma / BDS / MDS).
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