The Hon’ble Supremecourt today observed that 10% for EWS is a stand alone vertical reservation. Rejecting the arguments of Arvind Datar that it is horizontal reservations, the bench comprising of Hon’ble Mr Justice Dhananjay Chandrachud and Hon’ble Justice Nagarathna observed the same

The Hon’ble Supremecourt today observed that 10% for EWS is a stand alone vertical reservation. Rejecting the arguments of Arvind Datar that it is horizontal reservations, the bench comprising of Hon’ble Mr Justice Dhananjay Chandrachud and Hon’ble Justice Nagarathna observed the same . The court was hearing the writ petitions filed by doctors on the 29.7.2021 order of Union govt granting reservations to OBC in All India quota in state contributed seats and also 8 lakhs as monetary limit for EWS reservations .
Mr Shyam Divan appeared in another similar writ petitioners and objected for granting OBC reservations in state surrendered seats in All india quota.
In the SLP filed by Union against Madras High court 25.8.2021 order Mr KM Nataraj ASG submitted that the observations relating to EWS and about granting of reservations in general was unwarranted. He said being a 103rd constitutional amendment , the court cannot ask to get the approval of Supremecourt to give EWS reservations.

Mr Sibal appearing for TN Govt submitted that the EWS matter is pending before constitutional bench and asked to hear all the matters relating to EWS. He also submitted that the issue will have all india ramifications and all states have to be heard along with the earlier writ petitions challenging the notification dated29.7.2021. The issue cannot be between doctors and Union of India and that all states have to be heard.

Mr P. Wilson said DMK petition was the reason to get reservations all over the country in All India quota State contributed seats and so far injustice has been done to OBC community in as much as 60,000/- seats were refused to OBC students since 2007 . Mr P. Wilson Submitted that Union cannot be trusted to defend 29.7.2021 order granting reservations as this was done only on the basis of Madras High court judgment dated 27.7.2020 filed by DMK.
Mr Wilson submitted that since All india quota is a scheme framed by Supreme Court, the High court has asked the Union government to approach Supremecourt to get approval for EWS from Supremecourt.
Mr Wilson said EWS is not approved by Supremecourt in All India quota till today and therefore HC has made this observations .
The Supremecourt after Hearing all the counsels removed the High court observations to get Supreme Court nod relating to 10% EWS reservations on the ground that it was “beyond the scope of contempt jurisdiction”.

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