New Delhi: The Supreme Court set aside the Madras High Court’s observation on Friday that the 10 per cent EWS reservation in NEET all India quota can be implemented only following the approval of the Supreme Court’s Constitutional Bench.
The Centre’s plea challenging the High Court’s direction was being heard at the top court.
Last month, the Madras HC had upheld the Centre’s notification for 27 per cent OBC reservation but said the 10 per cent EWS reservation cannot be permitted without the approval of the Supreme Court.
The Supreme Court bench comprising Justices DY Chandrachud and BV Nagarathna made it clear that they were not setting aside High Court’s observation on the basis of merit but on the ground that the High Court should not have made the observations while hearing a contempt petition filed by DMK, reported NDTV.
The Madras High Court had last month pronounced its judgment in the contempt plea filed by the ruling DMK over OBC reservation in all India medical seats.
“The notification of July 29, 2021, issued by the Union as a consequence of the order dated July 27, 2020, appears to be in order insofar as it provides for reservation for scheduled castes, scheduled tribes and OBC categories. The horizontal reservation provided in such notification for people with disabilities also appears to be in accordance with law,” the Madras High Court Bench had said.
The Bench had observed: “The additional reservation provided for economically weaker sections in the notification of July 29, 2021, cannot be permitted, except with the approval of the Supreme Court in such regard.”