Supreme Court sets aside Madras High Court direction mandating top court's approval for implementing EWS quota in AIQ medical seats

The Supreme Court on Friday set aside a Madras High Court direction which said that reservation for Economically Weaker Section (EWS) in NEET All India Quota medical seats can be implemented only with the approval of the Supreme Court (Neil Aurelio Nunes v. Union of India)..A Bench of Justices DY Chandrachud and BV Nagarathna noted that the specific paragraph in the High Court judgment of August 18, 2021, viz., clause 3 in Para 66 transgressed the "contempt jurisdiction” of the High Court and therefore, proceeded to set aside the direction contained in the said paragraph..The Madras High Court by way of its August judgment, had dropped a contempt of court case filed by Dravida Munnetra Kazhagam (DMK) party against the Central government on the issue of implementing reservation for Other Backward Classes (OBC) in All India Quota (AIQ) medical college seats.However, the Court expressed its doubts regarding the validity of extending a 10 percent reservation for Economically Weaker Sections (EWS) in AIQ seats, and directed that the same is not permissible without the Supreme Court's approval.In this regard paragraph 66(3) said: "The additional reservation provided for economic weaker sections in the notification of July 29, 2021 cannot be permitted, except with the approval of the Supreme Court in such regard.".However Supreme Court noted that the High Court ventured into an area “alien to contempt jurisdiction.”.“The High Court has specifically come to the conclusion that there was no breach of earlier judgment and thus it noted that: (1) there is substantial compliance (2) no wilful or deliberate violation. Having held so the High Court observed that as a constitutional court which has jurisdiction under Article 226, it is open to it to scrutinize the manner in which implementation has taken place. In Para 66 of judgment, High Court held that no case was made out to invoke contempt jurisdiction. We are of the view that High Court has transgressed the limitations of contempt jurisdiction by entering into areas which was alien to the issues raised of compliance with earlier order," the Court opined.Thus, it set aside the direction contained in para 66(3)."Thus, that specific direction is set aside not on merits but on sole ground that such direction has transgressed the boundaries of contempt jurisdiction. We are not expressing opinion on the merits of the case since the points will arise in a bunch of petitions pending adjudication,” the Supreme Court ordered..The High Court had reasoned that AIQ reservation must be uniform across States, unless the State involved does not have any medical or dental colleges.Therefore, it had ruled that the reservation provided for OBC, Scheduled Caste, Scheduled Tribe and Persons with Disabilities in its July 29 notification pertaining to reservation in AIQ seats appears to be in order and in accordance with law.However, the inclusion of an additional 10 percent vertical reservation for EWS would require approval of Supreme Court and to such extent the reservation for EWS in Centre’s July 29 notification has to be recognised as impermissible till such approval is obtained, the High Court had said..[Read Order].[Read Live Account of Hearing]