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The Central Government has informed the Supreme Court that they have accepted the recommendations made by the Committee stating that the feasible criterion for defining Economically Weaker Section (EWS) can be based on family income, and a threshold of Rs 8 lakhs of annual family income, in the current situation is reasonable for determining EWS.

The recommendations made by the Committee stated, "The current limit of annual family income of Rs 8 lakhs does not seem to be over-inclusive as the available data on actual outcomes does not indicate overinclusion. It should be noted that income includes salary and agriculture as well."

The affidavit has been filed in the plea challenging the amended reservation(s) policy by the Government of India wherein a decision was taken to provide 27% reservation for OBCs and 10% reservation for Economically Weaker Section (EWS) in AIQ scheme for undergraduate and postgraduate medical/dental courses (MBBS / MD/ MS/ Diploma/ BDS/ MDS) from current academic year 2021-22 onwards.

Solicitor General Tushar Mehta today mentioned the matter before Justice DY Chandrachud for early listing and requested the same to be listed tomorrow. 

Whereas, Justice Chandrachud informed Mehta that he'll request the Chief Justice of India if it is possible to constitute a there judges bench for the matter, while asking Mehta to inform other counsels involved in the matter since the hearing may be preponed.

The Committee had stated that "though the specific number of Rs 8 lakhs appears to be the same as the OBC creamy layer cut-off, the application of the cut-off is very different in EWS and OBC as the two have different contexts."

On the justification for adopting a uniform income-based threshold across the country for the identification of EWS, the Committee said, "The desirability of a uniform income-based threshold has been upheld by the Supreme Court, and it can be adopted acrossthe country as a matter of economic and social policy, drawing authority from Article 254 and Article 73, read with Entry 20 of the Concurrent List."

"The income criterion for the EWS is much more stringent than the one for the OBC creamy layer," the Commjittee added.

Earlier, the Solicitor General, Tushar Mehta, had informed the Supreme Court that centre is revisiting the criteria to determine Economically Weaker Sections (EWS) for the purpose of reservation.

The SG told the bench of Justices Chandrachud, Surya Kant and Vikram Nath that the process may take 4 weeks.

The SG submitted this in the matter challenging 27 percent reservation to the Other Backward Class and 10% reservation to people belonging to EWS in post graduate medical admission. The SG further informed the court that a committee has been constituted to look into this.

Case title: Neil Aurelio Nunes Vs Union of India