The Madras High Court on Wednesday struck down 10 per cent reservation for the economically weaker sections (EWS) for admission to medical and dental seats in All India Quota (AIQ) seats surrendered by the Tamil Nadu government, as this breaches the 50 per cent cap set by the Supreme Court.
A bench of Chief Justice Sanjib Banerjee and Justice P.D. Audikesavalu said: "EWS quota is impermissible till the same is approved by the Supreme Court of India."
The court, however, said that the 27 per cent reservation notified by the Union government for OBCs in AIQ seats surrendered by Tamil Nadu government for admission to medical and dental courses is possible, and this need not provide the 50 per cent reservation as followed in the state.
It also dropped a contempt of court moved by the state's ruling DMK against the Central government for failing to implement the reservation in the current academic year. The party also wanted the court to direct the Central government to provide 50 per cent reservation for OBCs in the AIQ seats as per the state policy and not the 27 per cent that is being followed by the Central government.
The Union government, contesting the prayer of the DMK, said that the reservation for SC/ST communities have been provided in the AIQ seats on the basis of the Central government Act. If state reservation was to be followed in the AIQ for OBCs, it would lead to a different scenario.
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