Contempt petition filed by DMK to implement OBC reservations in state surrendered seats in All India quota came up for hearing before Hon’ble Chief Justice Sanjib Banerjee and Hon’ble Mr Justice PD Adhikesavulu for further hearing.

Contempt petition filed by DMK to implement OBC reservations in state surrendered seats in All India quota came up for hearing before Hon’ble Chief Justice Sanjib Banerjee and Hon’ble Mr Justice PD Adhikesavulu for further hearing.
Mr KM Natraj ASG For central govt argued that 10% EWS reservations is a constitutional reservations and HC court has no power to comment on it.
ASG submitted that if 29.7.2021 order of central government granting27% reservations to OBC and 10% to EWS are not acceptable to DMK, they can very well challenge before the court and can’t claim that central government has committed contempt of order dated 27.7.2020 and seek to punish the authorities.
Mr KM Natraj cited judgments of Supremecourt and submitted that order dated 29.7.2021 of central government is an order of court compliance and if it is not in accordance with HC judgment dated 27.7.2020, instead of pursuing the contempt they can challenge the order dated 29.7.2021 and prayed to close the contempt.
In response to the arguments of ASG, Mr P. Wilson took through constitutional provisions under Art 338 (B) (5) and (9) and submitted that NCBC has to be consulted for any major policy matters affecting Backward classes. He argued that backward classes for central government is different from backward classes for state and recent constitutional amendment has protected the rights of states to identify the backward classes. Since the backward class referred in the Central educational institution Act 2006 is referable for the purposes of filling up of seats in central educational institutions, the same cannot be applied for seats to be filled up in state medical colleges. He submitted that the present reservations found in the central government’s court compliance order dated 29.7.2021 is of 15% for SC and 7.5% for ST . Mr Wilson submitted that the quantum of 15% and 7.5% is traceable to Central Educational Institution Act and at no stretch of imagination same ratio can be applied in state medical colleges in Tamilnadu as the state reservations is 18% for SC and the 1% for ST. Mr Wilson submitted that even if 50% cap is applied as prayed for by Central Government which is against the 27.7.2020 judgment , then the application of 10% EWS reservations on the existing 49.5% exceeds the cap and total reservations comes to 59.5%. In case if this court is going to accept Central government reservations cap and restrict total permitted reservations as 50% which is against 69% reservations, then as an interim measure, pending challenging of 29.7.2021 order by the Petitioner, the reservations for OBC could be increased from 27% to 31% without prejudice to the rights of all.
All India quota being a court scheme, he submitted that 10% EWS cannot be applied as no court permission was obtained to apply in all India quota that too in state quota . Central government has no authority to meddle with state seats detrimental to the states interest . Hence he argued that 10% EWS in state surrendered seat is illegal. Responding to the Liberty conceded by Learned ASG, Mr P. Wilson submitted that the court May grant such liberty to challenge 29.7.2021 order of central government in case the court comes to a conclusion that no contempt is made out . Hearing the Arguments, the Hon’ble First bench posted the contempt petition to 25.8.2021 for judgement.