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10% EWS Quota Must Be Applied To Veterinary & Dental Courses Under KEAM: Vinay Shankar Vs Union Of India & Ors

Gautam Badlani ,
  05 January 2022       Share Bookmark

Court :
Kerala High Court
Brief :

Citation :
W.P.(C)No. 27168 of 2021

Date of judgement:
22nd December 2021

Bench:
Justice P.V. Kunhikrishnan

Parties:
Plaintiffs – Vinay Shankar
Defendants –Union of India & Ors.

SUBJECT

In this case, the Kerala High Court held that the 10% EWS reservation quota must be applied to Veterinary & Dental Courses Under KEAM

OVERVIEW

  • The State Government had taken a decision to provide 10% reservation to the persons belonging to Economically Weaker Sections (EWS) of the society in admissions to educational institutions including professional and other higher educational institutions.
  • A writ petition was filed before the Kerala High Court seeking directions to the respondents to implement the EWS reservation in the Veterinary & Dental Courses under Kerala Engineering Architecture and Medical (KEAM) and thereby increase the number of seats.
  • The respondent submitted that the fear of the petitioners that no reservation would be provided to the EWS was baseless as the government had already established the reservation.
  • Furthermore, the 10% reservation was not breaching the 50% reservation ceiling established by the Supreme Court in the case of Indira Sawhney vs Union of India in 1992.

ISSUES

Whether the 10% EWS reservation must be implemented in Veterinary & Dental Courses Under KEAM?

IMPORTANT PROVISIONS

Constitution of India

  • Article 15 (6): This Section empowers the Government to formulate reservation schemes for the economically disadvantaged groups.

ANALYSIS

  • The Court held that the 10% reservation was a policy decision of the State Government. The Government had already established the applicability of the 10% reservation.
  • Apart from that, Ministry of Social Justice and Empowerment had also issued directions to the institutions to implement the reservation by increasing the number of seats.
  • Hence, the Court held that no further clarity was required on the issue and hence closed the writ petition.

CONCLUSION

There has been a lot of litigation regarding the constitutionality and applicability of EWS quota in educational institutions. It is high time that the Supreme Court of India must deliver a concrete judgment covering all aspects of the EWS quota and decide its constitutionality. This will also help the policy makers in drafting policies and legislations. \

The concept of EWS reservation is aimed at creating socio-economic equality in the society by providing reservation on the basis on economic status.

Click here to download the original copy of the judgement

 
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