Prerna Gala
Published on: 28 September 2022 at 18:32 IST
In order to ensure that the reservation for members of the Economically Weaker Section (EWS) does not affect the quota for members of Scheduled Castes and Scheduled Tribes (SC/STs), Other Backward Classes (OBCs), and does not reduce the number of seats available for general category candidates, the Central government informed the Supreme Court that it had approved the creation of more than 2.14 lakh seats in central educational institutions. [Janhit Abhiyan v. Union of India].
The government presented an affidavit to the Supreme Court on Monday outlining the same.
According to the affidavit, on January 17, 2019, the Department of Higher Education issued directives to all central educational institutions to increase enrollment in all fields of study to accommodate 10% reservations for economically weaker sections, while protecting proportionate reservations for SC/STs and OBCs and also not reducing the number of seats available to the open category and reserved category, respectively.
“It is submitted that as per the calculations done in this regard, in order to provide 10% reservation for the economically weaker sections, without adversely impacting the proportionate reservations to the SC/ST and OBC categories and not reducing the seat availability for the general category in absolute numbers as compared to admissions made in 2018-19, the total increase in intake has to be increased by approximately 25% (over and above the intake in 2018-19),” the affidavit said.
According to the declaration, a total of 2,14,766 extra seats were authorised to be added to the central educational institutions in order to achieve this.
It was further noted that a budget of 4,315.15 crore had been approved for spending to upgrade the facilities in higher educational institutions.
The affidavit was submitted as evidence in a lawsuit contesting the constitutionality of the Constitution (103rd Amendment) Act on the grounds that economic classification cannot serve as the only legal justification for reservation.
The Act mandates that 10% of seats in public and private educational institutions, as well as in government employment, be set aside for “economically weaker sections” of citizens who are not members of Scheduled Castes, Scheduled Tribes, or members of socially or educationally disadvantaged classes.
The petitioners have argued that the amendment contradicts the Constitution’s fundamental principles and the 50 percent overall cap on reservations required by the ruling in the Indra Sawhney case.
They have claimed that the 10% allocation of seats for EWS who are not SC/ST/OBCs is arbitrary and excessive.
The case was heard by a five-judge Constitution Bench, including Chief Justice of India UU Lalit and Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi, and JB Pardiwala.