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- The Supreme Court has passed an order staying
the implementation of 10% reservation for Economically Weaker Sections (EWS)
for ongoing admissions to post graduate medical courses for the academic year
2019-20 in Maharashtra.
- The court has argued that the process of
admission had begun before the amendment in constitution to grant reservation
to EWS. Further, the court has stated that the 10% EWS quota cannot be granted
unless additional seats are generated by the Medical Council of India.
- The Supreme Court’s order has come in the
backdrop of a plea filed by student from General Category who had argued that
unless additional seats are created, the EWS quota will eat into their share of
seats.
- In January 2019, the government had passed 103rd
Constitutional Amendment Act. It provides for 10% reservation in government
jobs and educational institutions for the economically weaker section in the
unreserved category. It also provides for reservation in private unaided
educational institutions.
- By the 103rd Constitutional amendment, Article
16 (6) has been inserted to the Constitution. It allows 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. It is subject to a maximum
of 10% of the posts in each category.
- Article 16 (4) allows states to make any
provision for the reservation of appointments or posts in favour of any
backward class of citizens which, in the opinion of the State, is not
adequately represented in the services under the State.
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