Contempt petition filed by DmK for non implementation of 69 % (50% OBC )reservation in State contributed seats to all india quota came up before Hon’ble First Bench comprising of Hon’ble Chief Justice Sanjeeb Baneerjee and Hon’ble Mr Justice P Adikesavulu. Mr P. Wilson Senior Advocate

Contempt petition filed by DmK for non implementation of 69 % (50% OBC )reservation in State contributed seats to all india quota came up before Hon’ble First Bench comprising of Hon’ble Chief Justice Sanjeeb Baneerjee and Hon’ble Mr Justice P Adikesavulu. Mr P. Wilson Senior Advocate appearing for DMK contented that the quantum of 27% reservations offered by Union government by its compliance order dated 29.7.2021 runs against High court order dated 27.7.2020 and Supreme Court order dated 26.10.2020 which requires application of 50% reservations for OBC in all India quota in TN . Mr P. Wilson pointed out that the issues were settled before Supremecourt and the Supremecourt clearly has upheld the findings of HC that 1993 Act will apply to All India quota and therefore submitted that the quantum of reservation of 27% is not acceptable to DMK and that 50% reservations for OBC has to be given by the Union Govt in All India quota to SSS.
The Learned ASG said that the total reservations cannot exceed 50% and therefore granting of 50% reservations to OBC alone will go against the order of Supremecourt in Maratha’s case. However when the Hon’ble Chief Justice pointed out the order of Central Govt dated 29.7.2021 which allegedly implements HC order of reservation in All India Quota says 27% reservations for OBC,15% for SC 7.5% for ST and 10% for EWS, the total of which comes 59.5% and whether such stand of central govt is tenable, the ASG said that he would get instructions whether he can say 10% EWS is not a communal reservations.
Mr Wilson argued that indeed EWS is communal reservations and that the Union what it preaches to states doesn’t follow it as 50% of Cap is breached by the Union itself in its order dated 29.7.2021 .

the Hon’ble First Bench directed the Central Govt to comply with the Court order of 69% as it is confirmed even by Supremecourt and said until then they cannot hold the NEET and posted the matter to Monday 9.8.2021.
After the case was over Mr P Wilson remarked that order was obtained out of 35 years of fight for OBC reservations and that order should benefit all the persons in the state. He remarked that HC being a light house for the depressed and oppressed class in the state , the complete benefit of the order should go to those classes.