"No Counselling until notification validity decided," Center assures Supreme Court over NEET AIQ issue
The Central Government on Thursday assured that there will be no counseling until the validity of the notification providing 27% reservation for OBCs (Other Backward Castes) and 10% reservation for EWS (Economically Weaker Sections) in 50% All India Quota seats contributed by the states for admission to the postgraduate medical courses is decided.
A bench comprising Justice DY Chandrachud, Justice Vikram Nath, and Justice BV Nagarathna has posted the matter for hearing on November 16.
Solicitor General has today sought adjournment in the matter while assuring that no counseling will be conducted until the validity of the notification is decided.
Earlier, ASG KM Nataraj had informed the bench that the benchmark in 2017 was Rs. 6 lakhs, whereas, now it has been raised to Rs. 8 lakhs.
"We have already implemented the EWS quota in all central institutions for UG and PG," Nataraj added.
Justice Chandrachud enquired upon this that with the Commission for EWS stating that all below BPL would be covered under the EWS quota, how were the Rs. 8 lakhs criteria based on the Commission Report, and added that there must be some demographic or sociological data for deciding the criteria, and one cannot just put the Rs. 8 lakhs slab.
However, Nataraj requested the bench not to stay the notification, stating that they would file an affidavit.
Observing that it would not enter the policy issue, the court raised the following issues, "Whether any exercise has been undertaken before setting up the criteria for EWS? Whether such criteria is based on the Commission Report?"
The bench also stated that the "Income limit of Rs. 8 lakhs is the same as that of the creamy layer in OBC and EWS."
The petitions have been filed through Dr. Charu Mathur and Dubey Law Associates, Advocate & Tanvi Dubey, Advocate
Case Title: Dr. Neil Aurelio Nunes & Ors. Vs. UOI and Dr. Yash Tekwani & Ors. Vs. Medical Counselling Committee (MCC) & Ors.