The Kerala High Court recently comprising of a bench of Justice P.V. Kunhikrishnan upheld the 10% reservation earmarked for Economically Weaker Section (EWS) for Veterinary and Dental Courses under Kerala Engineering Architecture ad Medical (KEAM). (Vinay Shanker Vs Union of India and Anr.)
The bench noted that a Government Order dated 20.03.2020 had established the said reservation, and after the Government Pleader endorsed that it was a policy decision of the State.
Facts of the case
The writ petitioner seeks a direction to the 5th and 6th respondents to increase the number of seats to the Veterinary and Dental Courses so as to implement the reservation category of Economically Weaker Section and a further direction to respondents 5 and 6 to implement Ext.P4 office memorandum dated 17.01.2019 issued by the 1st respondent to the respective courses offered by respondents 5 and 6.
Contention of the Parties
It was submitted by the respondent that the State Government has taken a policy decision to set apart 10% seats for persons belonging to the Economically Weaker Section of the society in the matter for admissions in institutions including professional colleges under Higher Education Department. True copy of G.O (Ms) No.128/2020/H.Edn dated 20.03.2020 is produced herewith and marked as Exhibit R3(a). Accordingly this year 10% of seats are set apart for candidates belonging to EWS.
So the apprehension raised in the Writ Petition that there will not be any reservation for the Economically Weaker Section in the matter of admissions covered by the KEAM prospectus 2021 is baseless. There is nothing illegal in setting apart of 10% of the seats to EWS candidates as the total reservation will not exceed 50% of the total number of seats available.”
The learned Government Pleader taking note of the Government Order passed on20.03.2020 in which clause 5 is relevant submitted that Ext.R3(a) is a policy decision of the Government.
Courts Observation and Judgment
The bench upholding the 10% EWS Reservation For Veterinary/Dental Courses under KEAM remarked, "In the light of the affidavit of the 3rd respondent and in the light of Ext.R3(a) Government Order, I think no further clarity is necessary in this writ petition. Recording the affidavit and clause 5 of Ext.R3(a), this writ petition is closed."
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