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Centre reserves 27% seats for OBCs, 10% for EWS in medical schools even as Constitution Bench examines 103rd Constitutional Amendment Act

The OBC college students from throughout the nation will now have the ability to avail of this reservation in AIQ Scheme to compete for seats in any state

In a landmark choice, the Union Ministry of Well being and Household Welfare has determined to supply 27 p.c reservation for OBCs and 10 p.c reservation for Economically Weaker Part (EWS) within the All India Quota (AIQ) Scheme for undergraduate and postgraduate medical / dental programs (MBBS / MD / MS / Diploma / BDS / MDS) from the present tutorial yr 2021-22.

The choice was taken on Monday and Prime Minister Narendra Modi directed the involved Union ministries to facilitate an efficient answer to this long-pending problem.

This choice would profit roughly 1,500 OBC college students in MBBS and a couple of,500 OBC college students yearly in postgraduation and likewise round 550 EWS college students in MBBS and round 1,000 EWS college students in postgraduation.

What’s the All India Quota (AIQ) Scheme? The AIQ Scheme was launched in 1986 below the instructions of the Supreme Court docket to supply for domicile-free merit-based alternatives to college students from any State to aspire to review in a superb medical school positioned in one other state.

The AIQ consists of 15 p.c of complete obtainable UG seats and 50 p.c of complete obtainable PG seats in authorities medical schools. Initially, there was no reservation in AIQ Scheme as much as 2007.

In 2007, the Supreme Court docket launched reservations of 15 p.c for SCs and 7.5 p.c for STs within the AIQ Scheme. When the Central Instructional Establishments (Reservation in Admission) Act grew to become efficient in 2007 offering for uniform 27 p.c reservation to OBCs, the identical was carried out in all of the Central Instructional Establishments viz. Safdarjung Hospital, Girl Harding Medical Faculty, Aligarh Muslim College and Banaras Hindu College amongst others.

Nevertheless, this was not prolonged to the AIQ seats of state medical and dental schools.

What this implies: The OBC college students from throughout the nation will now have the ability to avail of this reservation in AIQ Scheme to compete for seats in any state. Being a Central scheme, the Central Listing of OBCs shall be used for this reservation.

With a purpose to present profit to college students belonging to EWS class in admission to greater academic Establishments, a constitutional modification was made in 2019 which enabled the availability of 10 p.c reservation for the EWS class. Accordingly, seats in medical / dental schools had been elevated over two years in 2019-20 and 2020-21 to accommodate this extra 10 p.c EWS reservation in order that the overall variety of seats obtainable for the unreserved class don’t scale back.

Within the AIQ seats, nevertheless, this profit had not been prolonged up to now.

Since 2014, after the primary Narendra Modi authorities got here to energy on the Centre, MBBS seats within the nation have elevated by 56 p.c from 54,348 seats in 2014 to 84,649 seats in 2020. The variety of PG seats has elevated by 80 p.c from 30,191seats in 2014 to 54,275 seats in 2020.

Throughout the identical interval, 179 new medical schools have been established and now the nation has 558 (authorities: 289, personal: 269) medical schools.

What’s the 103rd Constitutional Modification Act?

Curiously, the federal government’s announcement on reserving 27 p.c for OBCs, 10 p.c for EWS below AIQ scheme in medical schooling comes at a time when the Constitutional 103rd Modification Act is below the purview of the Supreme Court docket.

The Constitutional 103rd Modification Act received assent from the President of India on 13 January 2018. It was handed within the Lok Sabha by 323 members who had been in favour of it and three members who had been towards it. In Rajya Sabha, 165 members had been in favour and 7 towards. Following are the important thing highlights of the 103rd Constitutional Modification:

  • It supplies for reservation within the Central authorities jobs in addition to the federal government schooling establishments.
  • The modification applies to residents who belong to the EWS from the higher castes.
  • The modification was handed along with the already current reservations.
  • The principle goal of the modification is to incorporate individuals from economically weaker sections of the society to attend the upper schooling establishments and jobs in public employment which stay unfulfilled as a result of their monetary incapacity.
  • It goals to make Article 46 obligatory that urges the federal government to supply safety to all the academic and financial pursuits of the weaker part of society. Since socially deprived sections have loved the privilege, there was aid offered to economically deprived sections as effectively.
  • What’s going to the five-judge Structure Bench look into the 103rd Constitutional Modification?

    In August final yr, the Supreme Court docket referred to a Structure Bench of 5 judges, the problem mounted towards the Structure (103) Modification Act, which launched 10 p.c reservation for the EWS.

    The Supreme Court docket referred a batch of pleas and switch petitions difficult the Centre’s choice to grant 10 p.c reservation in jobs and schooling to EWS and the Structure (103 Modification) Act 2019. A bench of the then chief justice A Bobde, R Subhash Reddy and BR Gavai mentioned it was of the view that the questions raised in a batch of pleas and switch petitions “do represent substantial questions of regulation to be thought-about by a Bench of 5 Judges”.

    The highest courtroom had mentioned, “It’s clear from the language of Article 145(3) of the Structure and Order XXXVIII Rule 1(1) of the Supreme Court docket Guidelines, 2013, the issues which contain substantial questions of regulation as to interpretation of constitutional provisions they’re required to be heard a Bench of 5 Judges”.

    The bench mentioned that whether or not the impugned Modification Act violates the fundamental construction of the Structure, by making use of the assessments of ‘width’ and ‘identification’ close to equality provisions of the Structure, is a matter which constitutes a considerable query of regulation.

    It mentioned that the query resembling whether or not the ceiling of 50 p.c for affirmative motion will be breached because the Centre claimed that although it’s ordinarily a rule similar is not going to forestall to amend the Structure in view of the present particular circumstances additionally represent a considerable query of regulation to be examined by a bench of 5 judges.

    The highest courtroom mentioned after listening to Legal professional Basic KK Venugopal, showing for Centre and the counsel for petitioners on the purpose of reference, it’s in settlement with the petitioners that these issues contain substantial questions of regulation, as such, they’re required to be heard by a Bench of 5 Judges in view of the availability below Article 145(3) of the Structure of India and Order XXXVIII of the Supreme Court docket Guidelines, 2013.

    Petitioners which embody a number of NGOs, people and legal professionals have argued that that the impugned amendments violate the fundamental construction of the Structure primarily on the bottom that the present provisions empower to supply affirmative motion solely in favour of socially backward courses.

    They argued that financial standards alone can’t be the idea to find out backwardness and it’s for the primary time that by the impugned amendments within the Structure itself, the brand new clauses are included enabling the State to supply affirmative motion by the use of the reservation to the extent of 10 p.c in academic establishments and for appointment in providers to EWS of society.

    The counsel for petitioners had relied on a nine-judge verdict within the 1992 case of Indra Sawhney and mentioned that the impugned amendments run opposite to the mentioned judgment because it exceeds the ceiling cap of 50 p.c.

    Venugopal had opposed the reference to the bigger bench and mentioned that the Modification Act was necessitated to learn the EWS of the society who aren’t coated throughout the current schemes of reservation, which as per statistics, represent a significantly giant phase of the Indian inhabitants.

    The apex courtroom had earlier refused to remain the Centre’s choice to grant 10 p.c quota in jobs and admissions to EWS residents.

    Lok Sabha and Rajya Sabha cleared the invoice on eight and 9 January 2019 respectively, and it has been signed by President Ram Nath Kovind. The quota shall be over and above the present 50 p.c reservation to Scheduled Castes, Scheduled Tribes and Different Backward Lessons.

    With inputs from PTI

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