OBC reservation in AIQ permissible, EWS not without SC approval: Madras HC

Chennai, Aug 25: The Madras High Court has said that in the All India quota for medical studies, 27 per cent reservation for other backward classes is permissible. At the same time it has made it clear that the 10 per cent reservation for the economically backward advanced class is not permissible to follow without the approval of the Supreme Court.

The High Court is scheduled to rule this afternoon on the DMK's contempt of court case related to allotment of seats to other backward classes in All India allotted seats in medical courses.

In July 2020, the Chennai High Court directed the Central Government to set up a committee to decide on the allocation of seats for other backward classes in All India quota seats in medical courses.

A bench headed by Chief Justice Sanjiv Banerjee heard a contempt of court case filed by the DMK alleging that it had not taken action to enforce the order.

At the Central Government, the panel was appointed on the basis of an order of the High Court, which, on its recommendation, issued an order allocating 27 per cent reservation to other backward classes in all-India allotted seats in medical courses and no contempt of court was granted.

The Central Government has said that the Constitution has been amended to provide for 10 per cent reservation for the economically backward upper class in the All India allotted seats and that cases against this reservation are pending in the Supreme Court.

Further, it was explained that the reservation for the economically backward upper class has no effect on the other backward class and the reservation for the economically backward upper class has nothing to do with this case and the order of the High Court has been implemented.

The DMK argued that the High Court had ordered the formation of a committee to decide on the implementation of the reservation by the Tamil Nadu government and that the 27 per cent reservation by the Central Government was applicable only to Central Government educational institutions and that 50 per cent reservation should be given to other backward classes on the basis of 69 per cent reservation in colleges in Tamil Nadu.

It was also argued that the reservation obtained after long struggles should not be snatched away.

'In this case, the bench comprising Chief Justice Sanjeev Banerjee and Justice Adikeshaval today ruled that the reservation for All India seats should be uniform across the country and that 27 per cent reservation for All Backward Classes in All India seats should be allowed in medical courses as not every state can follow the same reservation, the court ruled.

At the same time, the judges ruled that the 10 per cent reservation for the economically backward advanced class was not permissible without the approval of the Supreme Court, as it was more than 50 per cent of the total reservation.

The panel, set up as per the court order, concluded that the court orders were not intentionally violated as the reservation had been granted and the DMK concluded the contempt of court case.