Reservation in higher education has become a serious issue now; it has created differences between different sections of society: Madras High Court
“Reservation in higher education has become a serious issue now. It has created differences between different sections of society. Knowledgeable and deserving students are not able to avail the opportunity in education. However, students who could not make it to the merit but belong to the reserved category enjoy the opportunities. Due to this many students are unable to chase their dreams and get success“, commented the Madras High Court
Background of the Case
A Writ Petition was filed under Article 226 of the Constitution of India praying Writ of Certiorarified Mandamus by R S Poorvi, an MBBS graduate, who applied for an EWS certificate to secure a PG medical seat under the 10% EWS quota, however, her application was rejected by the Tahsildar, Egmore Taluk, Chennai, as petitioner’s annual family income was assessed to be more than Rs 8 lakh. Contending the same, she moved the High Court.
Arguments set forth by the Petitioner
- The petitioner submitted that, her mother was suffering from cancer and succumbed to death on 30.11.2019, after a battle of five years.
- Further she also stated that her father has got no definite income, as he was not on a permanent job.
- She added that her family had struggled hard to save the life of the petitioner’s mother and lost even the little resources possessed by the family.
Issue before the Court
- Whether petitioner’s family has got an income of less than 8.00 lakhs and fulfil the other criteria as per the Memorandum No.36039/1/2019-Estt (Res), Government of India, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training dated 31.01.2019.
Observation made by the Court
- The Court held that computing her salary from August, 2019 to March, 2020, her gross income would be Rs.7,37,877/-, which is certainly less than Rs.8.00 Lakhs. The Court further noted that as per her income tax returns for the Assessment Year 2020-2021, the gross salary is shown as Rs.6,37,226/-.
“As the petitioner is a meritorious candidate and also has established that her income is less than Rs.8.00 Lakhs, satisfying the criteria fixed for getting the Economically Weaker Section certificate, she should have been issued the certificate.”Advertisement
- “From the affidavit of the petitioner filed in support of the writ petition, it could be seen that the petitioner is a hard-working student and having secured a seat in the Government Medical College, Chennai, she deserves for a certificate to be issued considering the economic conditions of the family,” the Court said.
- The bench also added that “though the petitioner belongs to a forward community, as she is economically backward, even as per the policy of the government, she has to be given the certificate of the economically weaker section, to enable her to pursue her higher education.”
- Persons like the petitioner, the Court ruled, who have scored well in the exams, by their hard work “are given a feeling of that they are not given the same treatment and criteria of selection though they are belonging to economically weaker section.”
“No doubt, it is true that the depressed and oppressed people should be given an opportunity for upliftment, without any compromise in quality in higher education. Similarly, merely persons are from the forward community, but financially backwards, their due place should not be denied on account of reservation, which is the object of introduction of EWS reservations.”
- In the light of the above discussion, rejection order dated 12.09.2020 passed by the third respondent, was found to be not sustainable and hence the same was set aside. Therefore, the third respondent (the Tahsildar, Egmore Taluk, Chennai) was directed to issue a fresh Economically Weaker Section certificate to the petitioner, forthwith, “to enable her to pursue her higher education.”
With the above direction, the writ petition was disposed of.
Case Name: R. S. Poorvi v. The District Collector and others
Citation: W.P.No.14531 of 2020 and W.M.P.Nos.18027 & 18028 of 2020
[ Reservation in higher education has become a serious issue now; it has created differences between different sections of society: Madras High Court ]