SC sets aside Madras High Court’s order in EWS issue

The Supreme Court on Friday set aside a Madras High Court direction that the Centre must seek the top court’s approval before implementing 10 per cent reservation for the EWS in all-India quota (AIQ) seats of medical colleges, saying it “transgressed the limitations” by entering into areas which were alien to the issue.

The apex court made clear however that it is not quashing the entire High Court order passed on August 25 or stating any opinion on its merit but just setting aside the observations made with regard to top court’s approval on Economically Weaker Sections (EWS) quota. A bench of Justices D Y Chandrachud and B V Nagarathna said the High Court should not have expressed such an opinion while hearing a contempt petition filed by ruling DMK for alleged non-compliance of July 27, 2020 order by the Centre on the issue.

“We are clearly of the view that the High Court has transgressed the limitations in the exercise of the contempt jurisdiction by entering into areas which were alien to the issue as to whether the judgement dated July 27, 2020 was complied with,” the bench said.