SC warns Maharashtra for overruling its order on EWS quota

Supreme Court of India
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New Delhi– The Supreme Court on Friday virtually threatened to initiate contempt proceedings against Maharashtra government officials for apparently attempting to override its stay on 10% quota for EWS category students in admissions to postgraduate medical and dental courses for the current academic year.

A vacation bench comprising Justices M.R. Shah and A.S. Bopanna extended the deadline for the admissions to June 4 in Maharashtra, and asked the government to prepare a revised merit list for admission in post-graduate medical courses after removing the EWS quota students.

The court said: “We extend the time to complete the counseling and to complete the admission process in post graduate medical and dental courses for the Academic Year 2019-20 up to June 4, failing which a very serious view shall be taken for not complying with the interim order passed by this court in its true spirit”.

The court observed that senior advocate Sanjay Hegde, representing students of general category, referred to a notice issued on May 30 by the commissioner and competent authority, state CET Cell, Mumbai, after the court had passed an interim order.

The Clause (c), said “The admissions of all the candidates (except those admitted under EWS Category) from the previous admission process are not disturbed.”

The introduction of this clause angered the court and it threatened to initiate contempt proceedings against the erring government officials.

“Clause (c) of the Notice No. 41 on May 30 therefore, can be said to be in the teeth of the interim order passed by this court and/or virtually tantamount to not giving full effect to the interim order passed by this Court”, observed the court staying the Clause (c).

According to the court order passed on May 30, initially the EWS category students’ admissions have to be cancelled, and then the merit list would be reshuffled, which would result in change in ranking of the general category students, the court observed.

Advocate Nishant R. Katneshwarkar, counsel appearing for Maharashtra, tried to justify the Clause (c) on the ground that there is a little time, as the counseling is scheduled on May 31 and therefore, it will not be possible for the government to reshuffle the entire admissions. The counsel then requested for an extension on the deadline for admissions for the authorities concerned to comply with the interim order passed by the apex court including reshuffling.

The court noted that the notifications passed on February 12 and March 7 by the government, extending the benefit of reservation to the extent of 10% to economically weaker sections in post graduate medical courses shall not be applicable for admission for the academic year 2019-20 unless the MCI increases the number of seats (which has not taken place).(IANS)


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