Bombay HC nixes plea challenging EWS quota

Mumbai: The Bombay high court (HC) has refused to hear the petition filed to oppose 10 per cent reservation given by the Maharashtra government to upper caste students in post-graduate medical education. The HC directed the petitioner to approach the Supreme Court instead of the HC.

Justice Ranjit More and Justice Bharti Dangre were hearing writ petitions filed by Dr Angad Suvarna Randive challenging the constitutional validity of the state government resolution of March 7, 2019, where 10 per cent reservation was granted in courses such as MBBS, BDS, BAMS, NHUS, MS, MD and MDS.

The petitioner’s contention was that the central government gazette clearly stated that 10 per cent reservation was optional in courses of health science but the Maharashtra Medical Education and Drugs Department issued a resolution providing 10 per cent reservation, which was not as per the law.

The petition stated that the decision of the state government violated the Maharashtra University Health Science Act 1998, Maharashtra Private and Professional Education Institutions Act 2006, and Central Education and Institutions Act 2006.

Counsel Satish Talekar appearing for Pan India Legal brought to the notice of the court that administrative instructions issued by the government for the purpose of 10 per cent reservation for the Economically Weaker Section (EWS) were not in conformity with the statutory scheme and there was discrimination between  reservation provided.