Supreme Court stays Maharashtra’s EWS quota

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  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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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