CHUNDURI KALYANI CHOWDARY Vs. UNION OF INDIA
LAWS(APH)-2019-9-75
HIGH COURT OF ANDHRA PRADESH
Decided on September 06,2019

Chunduri Kalyani Chowdary Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

A.V.Sesha Sai, J. - (1.)The grievance of the writ petitioners, precisely, as advocated by the learned Senior Counsel, Sri Ghanta Rama Rao, appearing for Sri Kambhampati Ramesh Babu, Sri G.Venkata Reddy and Sri K.S.Murthy, appearing for the writ petitioners in all these Writ Petitions, is "contrary to constitutional mandate, as prescribed in Clause (6) of Article 15, vide the Constitution (One Hundred and Third Amendment) Act, 2019, the respondent-authorities are allotting the seats in EWS quota also to the classes mentioned in Clauses (4) and (5) of Article 15 of the Constitution."
(2.)On the other hand, it is the submission of the learned Advocate General appearing for the State of Andhra Pradesh, learned Assistant Solicitor General, appearing for the Union of India and the learned Standing Counsel for the Medical Council of India, Sri Vivek Chandrasekhar, that the contention to the above said effect, having regard to the ground realities, is far from truth and is incorrect and no allotment of seats to the reserved categories under Clauses (4) and (5) of Article 15 of the Constitution is being undertaken in the 10% additional quota meant for EWS. It is their uniform further submission that the allotment of seats, as indicated in page 15 of W.P. No.11583 of 2019, includes not only 10% meant for EWS but also the seats additionally sanctioned to maintain the required percentage for which reserved categories are entitled in view of the hike in the number of seats. In order to substantiate the said stand, they rely on various proceedings/ orders issued by the Union of India and the State Government.
(3.)In order to examine the said issues, it would be highly essential to refer to the provisions of the Constitution (One Hundred and Third Amendment) Act, 2019, dated 12.01.2019, which read as under:
"1. (1) This Act may be called the Constitution (One Hundred and Third Amendment) Act, 2019.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. In article 15 of the Constitution, after clause (5), the following clauses shall be inserted, namely:-

'(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making, -

(a) any special provision for the advancement of any economically weaker sections of citizens other than for classes mentioned in clauses (4) and (5), and

(b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clause (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent of the total seats in each category.

Explanation, - For the purpose of this article and article 16, "economically weaker sections" shall be such as may be notified by the State from time to time on the basis of family income and other indication of economic disadvantage.

3. In article 16 of the Constitution, after clause (5), the following clause shall be inserted, namely,-

"(6) Nothing in this article shall prevent the State from making any provisions for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent of the posts in each category."

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