2.14 lakh additional seats approved to ensure EWS quota does not impact SC/ST, OBC, General Category: Central government to Supreme Court

The Central government has told the Supreme Court that it has approved creation of more than 2.14 lakh seats in central educational institutions to ensure that the reservation for Economically Weaker Sections (EWS) does not impact the quota for Scheduled Caste/ Scheduled Tribes (SC/STs), Other Backward Classes (OBCs) and does not reduce the seat availability for general category candidates [Janhit Abhiyan vs Union of India]..An affidavit detailing the same was filed by the government before the Supreme Court on Monday.The affidavit said that in order to ensure that the seats available to the reserved category and the open category are not impacted in absolute numbers, the Department of Higher Education issued orders on January 17, 2019, to all the central educational institutions to increase the intake in all branches of study to provide for 10% reservations for Economically Weaker Sections, while protecting the proportionate reservations for SC/STs and OBCs and also not reducing the seat availability in the General category in the year 2018-19."It is submitted that as per the calculations done in this regard, in order to provide 10% reservation for the economically weaker sections, without adversely impacting the proportionate reservations to the SC/ST and OBC categories and not reducing the seat availability for the general category in absolute numbers as compared to admissions made in 2018-19, the total increase in intake has to be increased by approximately 25% (over and above the intake in 2018-19)," the affidavit said.Towards this end, a total of 2,14,766 additional seats were approved to be created to in the central educational institutions, the affidavit said.An expenditure of ₹4,315.15 crore was approved to be incurred to improve the infrastructure in the higher educational institutions, it was further highlighted. The affidavit was filed in the case challenging the validity of the Constitution (103rd Amendment) Act, on the ground that economic classification cannot be the sole basis for reservation.The Act provides for reservation of 10 per cent seats in public and private educational institutions, and in public employment, for the “economically weaker sections” of citizens other than Scheduled Castes, Scheduled Tribes and socially and educationally backward classes.The petitioners have contended that the amendment violates the basic structure of the Constitution and breaches the overall 50 per cent ceiling of reservation as mandated by the dictum in the Indra Sawhney case.The reservation of 10 per cent seats for EWS other than SC/ST/OBCs is arbitrary and excessive, they have stated.A five-judge Constitution Bench of Chief Justice of India UU Lalit and Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala which heard the case reserved its verdict in the matter today.