Chennai
Passing orders on a contempt plea moved by the DMK, the first bench comprising Chief Justice Sanjib Banerjee and Justice PD Audikesavalu held that the Union government’s July 29 notification was permissible only with respect to 15 per cent reservation for Scheduled Castes, 7.5 per cent for Scheduled Tribes and 27 per cent for Other Backward Classes (OBCs).
However, noting the Supreme Court ruling that the overall reservations should not exceed 50 per cent, the bench led by Chief Justice Banerjee expressed doubts over the validity of extending the 10 per cent reservation for EWS in AIQ seats without the apex court’s approval.
“The inclusion of an additional 10 per cent 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 bench ruled.
Chief Justice Banerjee who penned the order also made the court’s opinion on reservations through a footnote, stating that the concept of reservation as envisioned by the Constitution’s framers seems to have been turned on its head over the years with repeated amendments and extension of reservation to denominations where caste does not exist.
“This has been done instead of empowering citizens so that merit may ultimately decide matters of appointment, admission and promotion,” the court observed.
The contempt plea moved by the DMK had sought to punish the officials for failing to implement 50 per cent reservation for OBCs as the AIQ seats were contributed by State government-run medical colleges. But the bench said there was no wilful or deliberate violation on the part of the Centre in implementing the 2020 ruling of the High Court.
The court reasoned that reservation in AIQ must be uniform across states, unless the State involved does not have any medical or dental colleges.
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