EWS quota in Medical Colleges: Implement order in true spirit, Supreme Court tells Maharashtra
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EWS quota in Medical Colleges: Implement order in true spirit, Supreme Court tells Maharashtra

Shruti Mahajan

The Supreme Court today directed the Maharashtra government to comply with its order on quota for Economically Weaker Sections (EWS) in medical colleges in the state.

The Court granted an extension of time to the State of Maharashtra for completion of the counselling process for admissions to Medical and Dental Colleges till June 4.

This extension of time is granted to enable the government to implement yesterday’s order, by which the Court had ruled that the 10% quota for EWS shall not be applicable for admission to PG medical courses in this academic year.

Since the period of counselling was to lapse today, the government of Maharashtra issued a notification stating that the seats already allotted under the EWS quota shall not be disturbed. This clause of the notification was found to be overreaching the Court’s order, Justice MR Shah observed in Court today.

The Court threatened to initiate contempt proceedings against the State of Maharashtra for not complying with the Court’s May 30 order in true spirit. However, Counsel for the State Nishant Katneshwarkar told the Court that the intention of the State was not mala fide. He argued that the said clause was inserted merely on account of paucity of time for completion of the counselling process.

The Court stayed the implementation of the clause, which was found to be in violation of the Court’s order, and directed the State to complete the process by June 4. It also directed the State to ensure that the Court’s order is implemented in true spirit.

The applicants in the case were represented by Senior Advocate Sanjay Hegde.

Yesterday, the Supreme Court stayed the implementation of the Maharashtra government’s resolutions passed this year providing for 10% EWS reservation.

The State of Maharashtra, by virtue of these resolutions, implemented the 10% reservation for admissions to post graduate seats in medical colleges. However, the admission process for the same had commenced in November 2018, much before the 103rd Constitutional amendment was passed.

Read the Order:

Janhit-Abhiyan-vs-UOI-May-31.pdf
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