Medical Dialogues
  • Dermatology
Login Register
This site is intended for healthcare professionals only
Login Register
  • MD Brand Connect
  • Vaccine Hub
  • MDTV
    • Breaking News
    • Medical News Today
    • Health News Today
    • Latest
    • Journal Club
    • Medico Legal Update
    • Latest Webinars
    • MD Shorts
    • Health Dialogues
  • Fact Check
  • Health Dialogues
Medical Dialogues
  • Medical News & Guidelines
      • Anesthesiology
      • Cardiology and CTVS
      • Critical Care
      • Dentistry
      • Dermatology
      • Diabetes and Endocrinology
      • ENT
      • Gastroenterology
      • Medicine
      • Nephrology
      • Neurology
      • Obstretics-Gynaecology
      • Oncology
      • Ophthalmology
      • Orthopaedics
      • Pediatrics-Neonatology
      • Psychiatry
      • Pulmonology
      • Radiology
      • Surgery
      • Urology
      • Laboratory Medicine
      • Diet
      • Nursing
      • Paramedical
      • Physiotherapy
  • Health news
      • Doctor News
      • Government Policies
      • Hospital & Diagnostics
      • International Health News
      • Medical Organization News
      • Medico Legal News
      • NBE News
      • NMC News
  • Fact Check
      • Bone Health Fact Check
      • Brain Health Fact Check
      • Cancer Related Fact Check
      • Child Care Fact Check
      • Dental and oral health fact check
      • Diabetes and metabolic health fact check
      • Diet and Nutrition Fact Check
      • Eye and ENT Care Fact Check
      • Fitness fact check
      • Gut health fact check
      • Heart health fact check
      • Kidney health fact check
      • Medical education fact check
      • Men's health fact check
      • Respiratory fact check
      • Skin and hair care fact check
      • Vaccine and Immunization fact check
      • Women's health fact check
  • AYUSH
    • Ayurveda
    • Homeopathy
    • Siddha
    • Unani
    • Yoga
  • State News
      • Andaman and Nicobar Islands
      • Andhra Pradesh
      • Arunachal Pradesh
      • Assam
      • Bihar
      • Chandigarh
      • Chattisgarh
      • Dadra and Nagar Haveli
      • Daman and Diu
      • Delhi
      • Goa
      • Gujarat
      • Haryana
      • Himachal Pradesh
      • Jammu & Kashmir
      • Jharkhand
      • Karnataka
      • Kerala
      • Ladakh
      • Lakshadweep
      • Madhya Pradesh
      • Maharashtra
      • Manipur
      • Meghalaya
      • Mizoram
      • Nagaland
      • Odisha
      • Puducherry
      • Punjab
      • Rajasthan
      • Sikkim
      • Tamil Nadu
      • Telangana
      • Tripura
      • Uttar Pradesh
      • Uttrakhand
      • West Bengal
  • Medical Education
      • Ayush Education News
      • Dentistry Education News
      • Medical Admission News
      • Medical Colleges News
      • Medical Courses News
      • Medical Universities News
      • Nursing education News
      • Paramedical Education News
      • Study Abroad
  • Industry
      • Health Investment News
      • Health Startup News
      • Medical Devices News
      • Pharma News
      • Pharmacy Education News
      • Industry Perspective
  • MDTV
      • Health Dialogues MDTV
      • Health News today MDTV
      • Latest Videos MDTV
      • Latest Webinars MDTV
      • MD shorts MDTV
      • Medical News Today MDTV
      • Medico Legal Update MDTV
      • Top Videos MDTV
      • Health Perspectives MDTV
      • Journal Club MDTV
      • Medical Dialogues Show
This site is intended for healthcare professionals only
LoginRegister
Medical Dialogues
LoginRegister
  • Home
  • Medical news & Guidelines
    • Anesthesiology
    • Cardiology and CTVS
    • Critical Care
    • Dentistry
    • Dermatology
    • Diabetes and Endocrinology
    • ENT
    • Gastroenterology
    • Medicine
    • Nephrology
    • Neurology
    • Obstretics-Gynaecology
    • Oncology
    • Ophthalmology
    • Orthopaedics
    • Pediatrics-Neonatology
    • Psychiatry
    • Pulmonology
    • Radiology
    • Surgery
    • Urology
    • Laboratory Medicine
    • Diet
    • Nursing
    • Paramedical
    • Physiotherapy
  • Health news
    • Doctor News
    • Government Policies
    • Hospital & Diagnostics
    • International Health News
    • Medical Organization News
    • Medico Legal News
    • NBE News
    • NMC News
  • Fact Check
    • Bone Health Fact Check
    • Brain Health Fact Check
    • Cancer Related Fact Check
    • Child Care Fact Check
    • Dental and oral health fact check
    • Diabetes and metabolic health fact check
    • Diet and Nutrition Fact Check
    • Eye and ENT Care Fact Check
    • Fitness fact check
    • Gut health fact check
    • Heart health fact check
    • Kidney health fact check
    • Medical education fact check
    • Men's health fact check
    • Respiratory fact check
    • Skin and hair care fact check
    • Vaccine and Immunization fact check
    • Women's health fact check
  • AYUSH
    • Ayurveda
      • Ayurveda Giuidelines
      • Ayurveda News
    • Homeopathy
      • Homeopathy Guidelines
      • Homeopathy News
    • Siddha
      • Siddha Guidelines
      • Siddha News
    • Unani
      • Unani Guidelines
      • Unani News
    • Yoga
      • Yoga Guidelines
      • Yoga News
  • State News
    • Andaman and Nicobar Islands
    • Andhra Pradesh
    • Arunachal Pradesh
    • Assam
    • Bihar
    • Chandigarh
    • Chattisgarh
    • Dadra and Nagar Haveli
    • Daman and Diu
    • Delhi
    • Goa
    • Gujarat
    • Haryana
    • Himachal Pradesh
    • Jammu & Kashmir
    • Jharkhand
    • Karnataka
    • Kerala
    • Ladakh
    • Lakshadweep
    • Madhya Pradesh
    • Maharashtra
    • Manipur
    • Meghalaya
    • Mizoram
    • Nagaland
    • Odisha
    • Puducherry
    • Punjab
    • Rajasthan
    • Sikkim
    • Tamil Nadu
    • Telangana
    • Tripura
    • Uttar Pradesh
    • Uttrakhand
    • West Bengal
  • Medical Education
    • Ayush Education News
    • Dentistry Education News
    • Medical Admission News
    • Medical Colleges News
    • Medical Courses News
    • Medical Universities News
    • Nursing education News
    • Paramedical Education News
    • Study Abroad
  • Industry
    • Health Investment News
    • Health Startup News
    • Medical Devices News
    • Pharma News
      • CDSCO (Central Drugs Standard Control Organisation) News
    • Pharmacy Education News
    • Industry Perspective
  • Home
  • News
  • Medical Education
  • Supreme Court Sets...

Supreme Court Sets Aside Madras HC Observations on EWS Quota in AIQ Medical Admissions

Barsha MisraWritten by Barsha Misra Published On 25 Sept 2021 11:53 AM  |  Updated On 25 Sept 2021 1:24 PM
Supreme Court Sets Aside Madras HC Observations on EWS Quota in AIQ Medical Admissions
  • facebook
  • twitter
  • linkedin
  • whatsapp
  • Telegram
  • Email

New Delhi: The Supreme Court on Friday opined that it was 'unnecessary' for the Madras High Court to mention that reservation for economically weaker sections (EWS) in the NEET-All India Quota (AIQ) medical seats can be implemented only with the approval of top court's Constitution bench.

Setting aside those observations made by the High Court while considering a contempt plea by DMK, the Supreme Court bench comprising of Justices D.Y. Chandrachud and B.V. Nagarathna noted that the high court was examining a contempt petition, which sought implementation of OBC reservation in NEET-AIQ, therefore observations on 10 percent EWS quota was transgression of its jurisdiction, adds IANS.

"The High Court has transgressed the limits of the contempt jurisdiction by entering into areas which were alien to the issue as to whether the judgment dated 27 July 2020 was complied with. Having come to the conclusion that there was no disobedience of the judgment, the rest of the discussion in the order of the High Court commencing from paragraph 56 was unnecessary for the purpose of the contempt petition," noted the bench.

This comes after the Centre had moved the top court challenging the observations made by the Madras High Court.

Also Read: 27 Percent OBC Reservation for AIQ Medical Admissions : Madras HC verdict OUT

Medical Dialogues had earlier reported that while disposing of the contempt plea of the Dravida Munnetra Kazhagam (DMK) against the Centre, the Madras High Court bench comprising of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu, on August 25, had approved the July 29 notification of the central government providing 27 percent reservation to OBC (other backward classes) candidates for admission in central medical colleges under the all-India quota (AIQ).

The bench, however, had expressed its doubts regarding the implementation of 10 percent reservation for Economically Weaker Sections (EWS) in the AIQ seats.

The high court had said the inclusion of a further 10 percent by way of vertical reservation for economically weaker sections (EWS) would require the approval of the Supreme Court and to this extent, the reservation for the EWS, as indicated in the July 29 notification, has to be regarded as impermissible till such approval is obtained.

However, these observations were challenged by the Centre before the top court and the Union of India appealed before the Apex Court on ground that the High Court has, in the course of its judgment, dealt with issues that did not arise for adjudication in the contempt jurisdiction, especially after it found that there was no breach of its judgment dated 27 July 2020.

Also Read: Reservation in NEET, NEET PG: SC issues notice to Centre, MCC, NBE

Further, Additional Solicitor General, K M Nataraj submitted before the court that when the High Court came to a conclusion that there was no breach of the July 27 order, it was unnecessary and inappropriate for the High Court to evaluate the validity of the notification dated 29 July 2021.

He urged that this was unnecessary to determine whether there was compliance with its judgment dated 27 July 2020. So, the High Court transgressed its jurisdiction in a contempt petition by entering upon an area which did not arise before it, argued Mr. Nataraj.

After listening to the contentions, the top court bench held that "The High Court has transgressed the limits of the contempt jurisdiction by entering into areas which were alien to the issue as to whether the judgment dated 27 July 2020 was complied with. Having come to the conclusion that there was no disobedience of the judgment, the rest of the discussion in the order of the High Court commencing from paragraph 56 was unnecessary for the purpose of the contempt petition."

"Though the validity of the notification dated 29 July 2021 was not challenged before it, as it could not, in the contempt jurisdiction, there was no occasion for the High court to enter upon the validity of the notification. Once, it came to the conclusion that there was no contempt of its order, the High Court ought to have disposed of the contempt petition. The rumination in the concluding para of the judgment was unnecessary for the resolution of the contempt petition," further noted the court.

Therefore, disposing of the petition, the top court bench noted, "since no case for invoking the contempt jurisdiction was found to exist by the High Court, it was unnecessary and inappropriate for it to enter upon the validity of the notification dated 29 July 2021 which was not under challenge."

Setting aside the observations made by the High Court, the top court bench noted, "We clarify that the direction of the High Court in paragraph 66(III) is being set aside by this Court on the sole ground that such a direction could not have been issued in the exercise of the contempt jurisdiction."

The Supreme Court, however, clarified it is not saying anything on the merits of the EWS quota in NEET-AIQ, and it is only setting aside high court's observation, as it transgressed the limits of contempt jurisdiction.

"Since substantive petitions have been filed before this Court challenging the notification dated 29 July 2021, we clarify that we are not expressing any opinion on the validity of the notification which will arise for determination in the group of petitions which are pending before this Court for adjudication. Nor will the impugned decision of the High Court be construed as any adjudication on the validity of the notification. We clarify likewise, in view of the pendency of the petitions before this Court challenging the notification dated 29 July 2021, that the finding of the High Court in paragraph 66(II) was unnecessary for its decision on the contempt petition."

The top court will continue to hear, on October 7, the petitions challenging the Centre's notification to implement OBC, and EWS quota in NEET-AIQ.

To read the court order, click on the link below.

https://medicaldialogues.in/pdf_upload/supreme-court-ews-160967.pdf

Also Read: EWS Quota in AIQ Medical Admissions: Supreme Court to hear Centre's plea

Supreme Courtmadras high courtews quotaEWS quota in MBBSEconomically Weaker Sections
Source : with agency inputs
Barsha Misra
Barsha Misra

Barsha completed her Master's in English from the University of Burdwan, West Bengal in 2018. Having a knack for Journalism she joined Medical Dialogues back in 2020. She mainly covers news about medico legal cases, NMC/DCI updates, medical education issues including the latest updates about medical and dental colleges in India. She can be contacted at editorial@medicaldialogues.in.

Show Full Article
Next Story

Editorial

First Indian Consensus on Managing Refractory Gastroesophageal Reflux Disease Recommends Vonoprazan

First Indian Consensus on Managing Refractory Gastroesophageal Reflux Disease Recommends Vonoprazan

Re-visiting the Role of Pneumococcal Vaccination in Patients with Cardiovascular Diseases

Re-visiting the Role of Pneumococcal Vaccination in Patients with Cardiovascular Diseases

Prediabetes and the Mind: Unraveling Cognitive and Mental Health Risks

Prediabetes and the Mind: Unraveling Cognitive and Mental Health Risks

Real-World Case study: Darbepoetin Alfa for Chemotherapy-Induced Anemia in Metastatic Breast Cancer - Dr Aditya Murali

Real-World Case study: Darbepoetin Alfa for Chemotherapy-Induced Anemia in Metastatic Breast Cancer...

Aspirin in Primary Prevention- When to Consider?

Aspirin in Primary Prevention- When to Consider?

View All

Journal Club Today

Midlife Stress Hormone Tied to Alzheimers in Women: Study Finds

Midlife Stress Hormone Tied to Alzheimer's in Women: Study Finds

View All

Health News Today

Health Bulletin 19/ May/ 2025

Health Bulletin 19/ May/ 2025

View All
© 2022 All Rights Reserved.
Powered By: Hocalwire
X
We use cookies for analytics, advertising and to improve our site. You agree to our use of cookies by continuing to use our site. To know more, see our Cookie Policy and Cookie Settings.Ok