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Kerala HC Stays Decision of ESI Corporation to Cancel 'The Wards of Insured Persons Quota' in Medical/Dental Colleges [READ ORDER]

Kerala HC Stays Decision of ESI Corporation to Cancel 'The Wards of Insured Persons Quota' in Medical/Dental Colleges [READ ORDER]
The Employees State Insurance Corporation (ESIC) issued two notice on September 28, 2020-10-19-

  1. Informing that seats filled up in previous years under IP quota in ESIC Medical/Dental colleges would be filled up by DGHS, Government of India as All-India quota seats for 2020-21.
  2. Declaring to cancel IP Quota.
The aggrieved applicants (petitioners) approached the Kerala High Court to seek a remedy. They said that both the High Court and the Supreme Court declared that IP Quota cannot be canceled. Advocate C Unnikrishnan too declared that the order of the single bench of Madras HC declaring reservation policy as illegal was not in existence.

Further, no reasons were given by ESIC to cancel the quota, and most importantly the quota was for the benefit of weaker and disadvantaged sections of the society and it was introduced after the approval of the government. Thus, it could not be said to be violative of any provisions of law.

It was prayed that the High Court should order the writ of Certiorari and Mandamus and declare the order illegal. 

Hearing the petitioner and considering the judgment of the Division Bench of the High Court of Madras as of August 6, 2019, the Kerala High Court comprising the Bench of Justice N. Nagaresh on October 15, 2020, held that 20% reservation for the Wards of the Insured Persons should continue and there will be an interim stay on all further proceedings pursuant to the orders of ESIC. 

 

[READ ORDER]


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