‘Unnecessary observations’: SC quashes Madras HC direction on EWS quota in NEET AIQ


New Delhi, Sep 24 | The Supreme Court on Friday set aside the Madras High Court’s observations that reservation for economically weaker sections (EWS) in the NEET-All India Quota (AIQ) medical seats can be implemented only with the approval of top court’s Constitution bench.

A bench of Justices D.Y. Chandrachud and B.V. Nagarathna observed that the high court had made “unnecessary observations”. It noted that the high court was examining a contempt petition, which sought implementation of OBC reservation in NEET-AIQ, therefore observations on 10 percent EWS quota was transgression of its jurisdiction.

The Centre had moved the top court challenging the observations made by the Madras High Court. Additional Solicitor General K.M. Nataraj, representing the Centre, contended that the high court should not have made the observation, while it was exercising its contempt jurisdiction.

The top court noted that after the high court found no contempt, it has gone into wider spectrum. “There the high court has really erred… when you are in contempt jurisdiction, you just need to see if the order has been complied or not,” it said.

The high court, through its August judgment, had dropped a contempt of court plea filed by the ruling DMK against Centre on implementing reservation for Other Backward Classes (OBC) in AIQ medical college seats.

On Friday, DMK’s counsel submitted that the issue is “complicated”, and the Centre’s plea could be heard with other petitions challenging the EWS/OBC quota in the NEET-AIQ.

The high court had observed: “The additional reservation provided for economically weaker sections in the notification of July 29, 2021 cannot be permitted, except with the approval of the Supreme Court in such regard.” It had noted that the Constitution bench is examining the correctness of the 103rd Constitutional Amendment, which provided reservation. Centre had moved the top court aggrieved with this observation.

The Supreme Court, however, clarified it is not saying anything on the merits of the EWS quota in NEET-AIQ, and it is only setting aside high court’s observation, as it transgressed the limits of contempt jurisdiction.

“We are not expressing opinion on the merits of the case since the points will arise in a bunch of petitions pending adjudication,” the bench noted.

The top court will continue to hear, on October 7, the petitions challenging the Centre’s notification to implement OBC, and EWS quota in NEET-AIQ.

Source: IANS

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The benchmark Indices Nifty started on the positive side after continuous sell off in last week and has managed to settle at 15842.30 with 60 point gain or 0.38 percent. However Nifty has failed to regain 16000 levels prior to LIC listing.

While Bank nifty has managed to settle at 33597.60 levels after gaining 1.44 percent. On the sectoral front, Nifty PSU Bank, Nifty Realty and Auto have contributed 2-3 percent gain on closing basis. On the flip side Nifty IT and FMCG ended with losses of 0.75 percent and 0.35 respectively. In Nifty, EICHERMOT, APOLLOHOSP and UPL were the top gainers while ULTRACEMCO, SHREECEM and ASIANPAINT were the prime laggards.

Technically, after forming the bearish candle on the weekly chart, the index has formed a Doji candlestick on the daily chart which shows indecisiveness among the trades. Moreover, the index has also faced a resistance from falling trend lines and showed profit booking from higher levels. However, Fibonacci retrenchment also has support around 15650 levels.

Traders may find buying opportunities for short term as if 15650 levels is protected. In the hourly chart, with support of the middle Bollinger band short term upside movement is expected. Stock specific action would drive the market in coming days too.

On the derivatives front, the highest call OI is at 16000 strike price followed by 16200 strike prices while on the put side, highest OI is at 15500 strike price. INDIA VIX closed at 24.53 with gain of 4.43 percent intraday indicating volatility is going to remain till weekly expiry . On the other hand, Bank nifty has support at 32600 levels while resistance is placed at 34500 levels.

Sumeet Bagadia
Executive Director
Choice Broking

Source: Choice India



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