SUPREME COURT STAYS MAHARASHTRA’S EWS QUOTA
31, May 2019
Prelims level : Rights Issues Mains level : GS2B - Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure devolution of powers and finances up to local levels and challenges.
Why in News:
- The Supreme Court passed an interim direction that the 10% reservation for the economically weaker sections introduced by Maharashtra for postgraduate medical courses in the State through notifications, will not apply for this academic year.
- 103rd Constitutional amendment, Article 16 (6) was inserted, allowing States to make “any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent of the posts in each category.”
- Court said that additional seats are sanctioned by the Medical Council of India, the existing seats cannot be subjected to the provisions of the aforesaid Constitutional amendment by issuing appropriate notifications.
- It is said that Modalities of selection cannot be changed after initiation of the process, in a similar matter involving reservation of 16% seats for socially and educationally backward classes including the Maratha community in the educational institutions in the State of Maharashtra in terms of provisions of the Maharashtra State Reservation (of Seats for Admission in Educational Institutions in the State and for Appointments in the Public Services and Posts under the State) for Socially and Educationally Backward Classes (SEBC) Act, 2018.