Thread by @barandbench

#MadrasHighCourt continues hearing DMK’s contempt plea over implementation of #OBCreservation in All India Quota (AIQ) seats in TN medical colleges

Yesterday, HC had asked ASG to get instructions on EWS reservation after DMK questioned how Centre had introduced it for AIQ seats

Hearing before Chief Justice Sanjib Banerjee and Justice PD Audikesavalu.

ASG KM Nataraj: The EWS is worked out on the basis of seats to be increased in colleges.

#MadrasHighCourt #OBCreservation #EWS

ASG Nataraj: EWS is not as he (Senior Advocate P Wilson, appearing for DMK) projects it. EWS has a Constitutional backing. That has been done by the introduction of the 103rd Amendment.

#MadrasHighCourt #OBCreservation #EWS

ASG Nataraj: EWS is backed by a Constitutional amendment and it has nothing to do with this case.

#MadrasHighCourt #OBCreservation #EWS

CJ: So what is the effect of 103rd amendment on Indra Sawhney case?

Nataraj informs that it was challenged in Supreme Court, the matter has been referred to a larger 5 Judge Bench and it is pending in SC.

#MadrasHighCourt #OBCreservation #EWS

ASG Nataraj: EWS does not arise in this particular matter. But since it has fallen from the holy mouth of this Court, I am answering it.

#MadrasHighCourt #OBCreservation #EWS

ASG Nataraj reiterates that issue #EWS reservation does not arise in this case, that it has Constitutional backing and that the issue is pending before the Supreme Court for consideration.

CJ: Very well.

#MadrasHighCourt #OBCreservation #EWS

#MadrasHighCourt asks DMK counsel to make submissions on #EWS reservation.

Senior Advocate @PWilsonDMK : When they are going to apply All India Quota, no court has dealt with what would be the backward class.

#MadrasHighCourt #OBCreservation #EWS

Wilson refers to provisions that state that reference has to be made to backward classes commission before taking policy decisions affecting socially and educationally backward classes.

#MadrasHighCourt #OBCreservation #EWS

Wilson: They can't say that the backward class, what they are choosing, is the backward class. ... they can't at their whims and fancies say that this will be the ratio.

@PWilsonDMK

#MadrasHighCourt #OBCreservation #EWS

Wilson: Learned ASG, when it comes to his advantage, would refer to the Constitution. But Section 3 is only applicable to Central government institutions. How can it apply to the State institutions?

@PWilsonDMK

#MadrasHighCourt #OBCreservation #EWS

Wilson: All is not well, in so far as the reservation is concerned. Even 10% #EWS reservation, they say it is a court-created scheme ... How did you apply this 10% reservation without a court direction?

@PWilsonDMK

#MadrasHighCourt #OBCreservation #EWS

Wilson: Kindly see, the power that was taken away has been restored for States to identify the backward classes.

#MadrasHighCourt #OBCreservation #EWS

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Wilson: EWS was never accepted before the Court. It was not argued.

#MadrasHighCourt #OBCreservation #EWS

Wilson re-asserts that State law (1993 Act providing for 50% OBC reservation) should be applied to AIQ seats in medical colleges in Tamil Nadu (and not 27% reservation as proposed by Centre).

#MadrasHighCourt #OBCreservation #EWS

Wilson: While computing the reservation, kindly consider, at least as interim measure for this year, 18% for SC, 1% for ST, and 31% for OBCs. Leave alone this 10% (EWS) and give us the right to agitate.

#MadrasHighCourt #OBCreservation #EWS

#MadrasHighCourt reserves judgment in DMK's contempt petition concerning implementation of #OBCReservation in State-surrendered AIQ seats in medical colleges in Tamil Nadu.

Judgment to be pronounced next Wednesday, 2 pm.