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SC seeks reply from Maharashtra government, MCI on 10 pc quota

After Maha government issued a notification after the state Cabinet approved the Centre's decision to implement 10% quota for EWS general category students in February, the SC has sought a reply from Maha government and the MCI on a plea seeking a direction to the state government about its implementation to the post-graduate medical admissions.

Supreme Court
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Published : May 27, 2019, 7:47 PM IST

Updated : May 28, 2019, 12:04 AM IST

New Delhi: The Supreme Court on Monday sought a reply from Maharashtra government and the Medical Council of India (MCI) on a plea seeking a direction to the state government not to implement the 10 per cent quota for economically weaker section (EWS) general category students in the post-graduate medical admissions.

SC seeks reply from Maharashtra government, MCI on 10 pc quota

A vacation bench comprising Chief Justice Ranjan Gogoi and Justice Aniruddha Bose has posted the matter for hearing on Thursday.

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The petition, filed by Janhit Abhiyan, had come up before a vacation bench of Justices Arun Mishra, Bhushan Ramkrishna Gavai and Surya Kant. Last week, the bench deferred the matter till March 27.

In February, Maharashtra government had issued a notification after the state Cabinet approved the Centre's decision to implement 10 per cent reservation to EWS students among the general category in government jobs and educational institutions across the state.

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The Parliament had passed the Constitution (124th Amendment) Bill, 2019, approving a 10 per cent reservation for economically backward in the general category in government jobs and academic institutions.

New Delhi: The Supreme Court on Monday sought a reply from Maharashtra government and the Medical Council of India (MCI) on a plea seeking a direction to the state government not to implement the 10 per cent quota for economically weaker section (EWS) general category students in the post-graduate medical admissions.

SC seeks reply from Maharashtra government, MCI on 10 pc quota

A vacation bench comprising Chief Justice Ranjan Gogoi and Justice Aniruddha Bose has posted the matter for hearing on Thursday.

Read | PMO has no records of income tax refunds of former prime ministers

The petition, filed by Janhit Abhiyan, had come up before a vacation bench of Justices Arun Mishra, Bhushan Ramkrishna Gavai and Surya Kant. Last week, the bench deferred the matter till March 27.

In February, Maharashtra government had issued a notification after the state Cabinet approved the Centre's decision to implement 10 per cent reservation to EWS students among the general category in government jobs and educational institutions across the state.

Read | RBI Governor Shaktikanta Das has courtesy meeting with Arun Jaitley

The Parliament had passed the Constitution (124th Amendment) Bill, 2019, approving a 10 per cent reservation for economically backward in the general category in government jobs and academic institutions.

Intro:The Supreme Court has asked state of Maharashtra to file response on notice issued by the Supreme Court on 10% reservation to the economically backward class.


Body:On 19 January 2019 , the Parliament passed the Constitution (124th Amendment )Bill 2019 making provision in the constitution for 10% reservation in job and education for those belonging to economically weaker sections of society . This bill received president assent on January 12 2019 and the act came into force on January 14 2019. The Constitution Amendment Act was before president assent challenged by the petitioner on January 10 2019 before Supreme Court of India by "youth for equality". Thereafter various writ petitions were filed before the supreme court challenging the aforesaid judgement saying that Constitution Amendment violates the equality code of the constitution and hence is in breach of the basic structure of the constitution . Secondly they said that in Indira Sawhney vs Union of India Supreme Court, constitution bench had held that economic criteria cannot be the sole basis for reservations. Lastly it raised the point that the act violates the basic feature of the Constitution and reservation on economic Grounds cannot be limited to the general categories and the 50% ceiling limit cannot be breached.

The Maharashtra government had approved 16% reservation for the marathas Who comprise 30% of the state population and the socially and educationally backward class category and the Assembly passed the legislation . Devendra fadnavis had said that Court would be independent of the existing 52% reservation system in the state


Conclusion:On 25th January, the Supreme Court issued notice to the respondent but refused to grant stay.
Last Updated : May 28, 2019, 12:04 AM IST
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