NEET PG Counselling 2021: Supreme Court reserves order on EWS quota in NEET PG 2021

The Supreme Court reserves judgement on EWS reservation in NEET PG Counselling 2021

Senior Advocate Arvind Datar urges to keep EWS criteria in NEET PG Counselling at 2.5 lakhs in the alternative.

Justice Chandrachud says, "We are wrapping up the hearing today. We don't want to keep it for tomorrow". Bench now hears few intervenors.

Senior Advocate A Mariarputham for Tamil Nadu is making his submissions. He says, "In Super Speciality courses, there is no reservation. Whatever he said wrt to super speciality cannot be applied to PG."

Senior Advocate P Wilson says, "EWS and OBC by no stretch of imagination can be considered same. They stand on a different footing.  It's like trying to consider unequal as equal,"Live Law reported.

Senior Advocate P Wilson points out that the July 29 notification on OBC came following a direction from the Madras High Court. “ We have filed judgement of Mad HC which held that when Central Govt Educational Institutions are concerned, there would be no harm in states granting reservation to too,” he said, as per Live Law report.

Wilson: They say that road has come to an end but we say that for us the road has not even started. 70 years of independence. Nearly for 13 years 40k students have been deprived of getting admission into these courses.#NeetPGcounselling2021 #neetpg2021counselling

— Live Law (@LiveLawIndia) January 6, 2022

Senior Advocate P Wilson, appearing for DMK, says, "All the judgements that have been referred by SG only talk about institutional preference and domicile reservation and not about anything else." Senior Advocate P Wilson making submissions in support of OBC quota says, "Wrong to assume that merit is the mark obtained."

FORDA has moved the Supreme Court saying there is an urgent need to commence the NEET-PG counselling and that the revision of the OBC and EWS reservation criteria at the fag end of the process will lead to further delay in the final selection. In an application seeking impleadment in the pending petition, the Federation of Resident Doctors' Association (FORDA) has said that every year approximately 45,000 candidates are selected as Post Graduate doctors through the National Eligibility cum Entrance Test (Postgraduate). But the process was halted in 2021 as the NEET-PG was delayed until the month of September due to the coronavirus pandemic, FORDA said.

Justice Chandrachud asks, “If residential asset criteria is burdensome, why not exclude it this year?”. Solicitor General says that if the criteria is excluded this year, people who did not apply earlier may want to apply, and it will have a cascading effect, as per Live Law. 

Justice Chandrachud says, “From the first affidavit you say you decided to follow the creamy layer criterion. Now in the Pandey committee report, you say EWS is a stricter criteria.” “One area where we need to explain is, today's income tax limit is 2.5 lakhs. Up to 5 lakhs, you don't have to pay any tax because you get a rebate. So no income tax effectively till 5 lakhs,” Justice Chandrachud says, as per Live Law report.

The Supreme Court hearing on EWS quota in NEET PG Counselling 2021 will determine whether NEET Counselling will begin soon or not.

Justice Chandrachud points out that Pradip Jain judgment says that in super specialty courses there should be no reservations even on the basis of institutional preference. This means, there can be reservation in other course, Justice Chandrachud says. "This sentence implies that you can have valid reservation up to PG level. The last sentence seems to indicate that", Justice Chandrachud, as per Live Law.

Responding to the arguments that there cannot be OBC reservation in PG, Super-Specialty courses, Solicitor General Tushar Mehta said, “At the outset, super speciality has no reservation. NEET exam has nothing to do with admission in super speciality.” “Secondly, Article 15 (5) does not distinguish between undergraduation and postgraduation when it says State can have reservations for socially and educationally backward class,” Live Law reported.

Solicitor General Tushar Mehta says, "The seats in all government colleges were increased to accommodate EWS quota. So this will not harm the chances of general category students as seats  are increased. There is a 25% increase in seats," Live Law reported.

The Supreme Court resumes hearing on EWS quota in NEET PG Counselling 2021.

Tamil Nadu Chief Minister M K Stalin on Thursday announced an all-party meeting on January 8 here to discuss the next course of action on the state's demand for exemption from NEET, as an Assembly bill in this regard is pending with the Centre.

The Supreme Court will continue hearing on the EWS quota in NEET PG Counselling 2021 after 1.30 PM. 

The July 29 notice provided 27% reservation for Other Backward Class (OBC) and 10% for EWS category in the NEET admissions for medical courses.

Solicitor General Tushar Mehta said, “Right from 2006, the Central Educational institutions had 27% OBC reservation. So the OBC quota in All India Quota, as per the impugned notification July 29, is not for the first time.” “By the time the Supreme Court came to consider PG Admission and my colleague ensured that counselling would not proceed position was that IIT's - all central universities implemented this 27% OBC & 10% EWS because that is the decision taken as back as in Jan 2019. All UPSC exams are taking place with this 27% OBC and 10% economically weaker section,” he said, as per the Live Law report.

Supreme Court is hearing on EWS quota in NEET PG now. Justice Chandrachud replied to the Advocate representing FORDA, "The bench shares your concerns. That's a valid point you're making, not only for the doctors but also the citizens. Thank you."

Advocate Archana Pathak Dave now making submissions on behalf of FORDA, which has sought to intervene in the case. As per Live Law, Advocate Dave said, "I'm representing resident doctors who had gone on strike. 45000 doctors are inducted as PG doctor's every year in the medical workforce. This year because of the Covid-19 pandemic, only 2nd and 3rd-year residents are as first years have not joined. The counselling has to start immediately because 3rd year residents are about to pass out in 4 months. We'll be left with 33% of the workforce. With 3rd wave coming we need doctors."

Saying that the vast majority of people are from 0 to 2.5 lakhs, Senior Advocate Anand Grover further suggested that even if the income tax limit is now 5 lakhs, more than 80% of people are in this range. If 5 lakh criteria is adopted, vast majority will fall into that.”

Senior Advocate Anand Grover told the Supreme Court that apart from income, other indicators have not been identified. He further pointed out that it is unclear as to when the EWS criteria will be implemented.

Senior Advocate Shiranga Choudary says, “The Central List for OBC has not been revised as per the mandate under Section 11 of NCBC Act, 1993. This revision has never happened and is pending since 1993. In 2017, Justice Rohini's commission was appointed to look into sub-categorisation to ensure equitable separate reservation of deprived classes. As per the same, almost 2600 castes are to be classified under 4 category from 2%, 6%, 9% and 10%. Total 27% is to be divided in these 4 subcategories,” Live Law reported.

Senior Advocate urged Supreme Court to direct Rs 2.5 lakh as the limit for this year for today's counselling. And suggested to consider the SINHO committee report if EWS criteria are to be implemented, as per the Live Law report.

Senior Advocate Arvind Datar said points out the difference between OBC and EWS as mentioned in the Pandey Committee report. He also suggested not to change the criteria.

Datar: Please see what they have said for eliminating asset criteria. The counselling will start now. How will the children get all the compliances? #neetpgcounselling #neetpg2021counselling

— Live Law (@LiveLawIndia) January 6, 2022

Referring to Shanti Star Builder's case that has been mentioned in the Pandey Committee report, Senior Advocate Arvind Datar said, “If you go by asset plus income criteria- my friend points out that in 7th pay Commission, salary of class 4 employees in the govt is 18,000 to 30,000 and now if you take this into consideration, none of the children will be able to qualify.” "Children who go for tuition classes of NEET have to pay high fees. The test is proper and appropriate identification. That was also one of the criteria in Mandal," he says, as per Live Law.

Giving an example of Tamil Nadu, Senior Advocate Arvind Datar said, “In rural Tamil Nadu, only 1.7% are general category. In such diversity, it is best to take a flat income.” Now the asset category of 5 acres. For example, in Kerala, holding 5 acres is difficult due to high population density. Keeping national limit of 5 acre is completely wrong, he adds.

Datar: All the asset criteria has to go because 1000 sq of residential flats in Bombay etc, your lordship knows.

There is complete non application of mind.#neetpgcounselling #neetpg2021counselling

— Live Law (@LiveLawIndia) January 6, 2022

Senior Advocate Arvind Datar told the Supreme Court that the basis of the Centre's criteria for determining EWS for the purpose of reservation in the NEET AIQ - of the cut-off income of Rs. 8 lakh and of property assets- is completely arbitrary, Live Law reported.

Justice Chandrachud asks, “Should the All India Quota be deferred till all the states identify their criteria?”

Senior Advocate Arvind Datar argues that “When Sinho committee report was made on the basis of extensive consultations after several years, there has to be compelling reasons to deviate from it.” He further says, “Neither the Pandey Commission nor the counter has given even one sentence as to what is the reason for rejecting the SINHO Comm. After spending so much time, money and consulting so many persons, you simply say that I'm adopting creamy layer criteria.

As per the Live Law, Justice Chandrachud said, “Sinho committee said all BPL families and all those whose incomes were below the income tax limit among the general category can be EWS.”

Senior Advocate Arvind Datar said, “BPL criteria is based on the per capita consumption expenditure. In 2004/2005 committee says that BPL was 559 per person per month and for rural area it is 368 per person per month.In SINHO Committee examined various parameters to determine the economic backwardness. Our submission is that 8 lakhs is a top down approach and not a bottom approach,"Live Law reported.

The two-judge bench comprising Justice DY Chandrachud and Justice AS Bopanna have started hearing the NEET PG Counselling case. Senior Advocate Arvind Datari is now making submissions on EWS criteria.

NEET PG Supreme Court hearing live

Senior Advocate Arvind Datar on EWS quota said, "Our submission is that 8 lakhs is a top-down approach and not a bottom approach."

Senior Advocate Arvind Datar: “The committee did a very exhaustive study with regards to income criteria. I'll come to the summary of the report.  Datar reads the summary of the Sinho Committee Report,” Live Law reported. They have gone state wise and then they met the chief ministers, governors as to who they met and all. All I am saying is that SINHO Committee is very exhaustive. No reference to assets, agricultural land has been referred by the SINHO Committee."

The Supreme Court bench takes up the NEET PG Counselling case. Senior Advocate Arvind Datar now makes submissions against the EWS criteria.

FORDA seeks to join as a party to the ongoing case in the Supreme Court (SC) over NEET PG 2021 counselling The association confirmed that it has filed an impleadment application in the apex court in this regard.

Federation of Resident Doctors Association @FordaIndia files impleadmnet application in #SupremeCourt seeking to join as a party in the case.#neetpgcounselling #neetpg2021counselling

— Live Law (@LiveLawIndia) January 6, 2022

The Supreme Court bench is hearing item number 14. NEET PG Counselling case is item number 33. A two-judge bench comprising Justice DY Chandrachud and Justice AS Bopanna will hear the case, the Live Law reported.

The National Board of Examinations (NBE) has released the information brochure of the National Eligibility cum Entrance Test for Masters of Dental Surgery - NEET MDS 2022 - at nbe.edu.in. The NEET MDS 2022 information brochure has been released with changes in the application fee, exam timings and test centres.  

Meanwhile, Delhi High Court will today hear a plea seeking postponement of UPSC Civil Services Mains Examination 2021 scheduled from January 7 to January 16, 2022, in view of Covid-19 third wave, Live Law reported.

The main reason for the postponement in the NEET PG 2021 counselling date is the years of denial of reservation for the OBC in the all-India quota of undergraduate (MBBS) and PG medical seats. 

Read More | Explainer: All you need to know about OBC reservation in AIQ medical seats

It was expected that the NEET PG Counselling 2021 will begin today, January 6 after the “The Indian Medical Association (IMA) president said that the health minister has assured us that the NEET-PG counselling will start before January 6, 2022. There will be no FIRs on the doctors," as per ANI.

Health Minister has assured us that the NEET-PG counseling will start before 6th Jan'2022. There will be no FIRs on the doctors. There is no need to panic for the new variant of Covid, but all precautions should be taken: Sahajanand Prasad Singh, IMA President pic.twitter.com/QUgN2ePP0G

— ANI (@ANI) December 31, 2021

The Supreme Court hearing on NEET PG 2021 is expected to set new dates for NEET PG Counselling 2021, stalled due to a challenge to the OBC and EWS quotas. How many seats are involved in the matter in question? According to the Narendra Modi government's statement on the OBC, EWS quotas in all-India quota (AIQ) of seats from July 2021, these were the numbers of students it would benefit

Undergraduate (NEET UG): 

• OBC: 1,500 
• EWS: 550 

Postgraduate (NEET PG): 

• OBC: 2,500
• EWS: 1,000

The three-member panel pointed out the important differences in how income is defined for EWS and OBC creamy layer. The panel said that to be qualified under the "creamy layer" among OBC, the household gross income should be above Rs 8 lakh per annum for three consecutive years, whereas to be eligible for EWS reservation, the beneficiary household income has to be below Rs 8 lakh in the preceding financial year. "This means that the EWS income criterion is much tighter, especially in the context of large sections of society with volatile non-salary incomes (shopkeepers, artists, farmers, micro-entrepreneurs etc)," it said.

NEET PG Counselling 2021 is expected to begin soon based on the Supreme Court decision on NEET PG. NEET UG Counselling 2021 dates also are expected to be released soon on Medical Counselling Committee’s official website mcc.nic.in. Candidates have to keep the following documents ready before the NEET PG Counselling begins.

• NEET 2021 admit card.
• NEET 2021 scorecard with rank.
• Class 10 and 12 marksheet.
• ID proof - Aadhaar card, PAN card, Driving License etc.
• Coloured passport sized photographs.
• Caste certificate and PwD certificate, if applicable.

NEET PG Supreme Court hearing today, listed as item number 33. Earlier, FORDA called off the agitation and said that the health minister agreed to the following demands in the meeting held on December 29.

• The Ministry of Health and Family Welfare will submit the committee report to the Supreme Court of India before January 6, 2022, and will submit the NEET PG counselling schedule following the court hearing on January 6.
• The ministry regrets the brutal incident of violence by Delhi police against the resident doctors who were protesting peacefully on December 27, 2021.
• No punitive or disciplinary action will be taken against any resident doctors who took part in the agitation that commenced on November 27, 2021.
• A press conference and the official announcement of the proceedings of the meeting.

Solicitor General Tushar Mehta for Centre yesterday urged the Supreme Court to allow commencement of NEET PG counselling 2021. He also said that the resident doctors’ concerns are genuine.

On December 25, FORDA said its members will be forced to go for "mass resignation" from services if NEET PG 2021 counselling dates are not announced and if their demands are not met at the earliest. The resident doctors who were protesting continuously for weeks decided to march towards the Supreme Court to expedite the National Eligibility cum Entrance Test postgraduate counselling (NEET PG Counselling 2021) hearing. However, the doctors called off the agitation after the union health minister agreed to their demands.

The central government postponed the NEET PG several times due to the COVID-19 pandemic. It was finally conducted on September 11, after a delay of eight months. In July, the union government notified new quotas in postgraduate and undergraduate seats for the Other Backward Classes (27%) and Economically Weaker Sections (10%). The NEET PG counselling 2021 was scheduled to begin on October 25 but was postponed as the new reservation was challenged in the Supreme Court of India.

NEET PG Counselling 2021 was scheduled to begin on October 25 but was postponed

A two-judge bench comprising Justice DY Chandrachud and Justice AS Bopanna said that the matter on EWS, OBC reservation in NEET for AIQ PG, MBBS, MD, MS, MDS seats will be heard today.

As per the Live Law report, Senior Advocate Shyam Divan on OBC reservation told Supreme Court: 

• The rules of the game cannot be changed in the middle, and that this reservation cannot be introduced through executive instructions as the All India Quota was carved out on the basis of judicial directions.
• The last date for registration of NEET-PG was March 15, 2021. After that date, the rules of the game cannot be changed.
• The original exam was scheduled in April. It was postponed to September due to the pandemic. 
• The notification for OBC/EWS quota was issued on July 29.

The introduction of reservations in NEET PG Counselling have taken away over 2500 seats available for the general category. This ought not to be applied in the present admissions,  Senior Advocate Shyam Divan says.

NEET postgraduate admissions must be completely merit-based and reservation must be minimal. Senior Advocate Shyam Divan said on Wednesday referring to the Supreme Court judgments which holds that there should be no reservation in super-specialty courses. Divan argues that the Govt's executive order cannot implement OBC, EWS quota in AIQ which was created as per the Court's directions "An executive order cannot nullify a judgment of this court..this right is recognised and created by this court which is a facet of Article 14," he said.

Supreme Court hearing on NEET PG 2021 today

Senior Advocate Arvind Datar on Wednesday told the Supreme Court that the basis of the Centre's criteria for determining EWS for the purpose of reservation in the NEET AIQ - of the cut-off income of Rs. 8 lakh and of property assets- is completely arbitrary, Live Law reported.

A two-judge bench comprising Justice DY Chandrachud and Justice AS Bopanna said that the matter on EWS, OBC reservation in all India PG, MBBS, MD, MS, MDS seats will be heard today. "The top court will continue hearing the cases related to EWS, OBC reservation in All India Quota. NEET PG case in listed as item number 33. Bench commences hearing at 10.30 AM," Live Law reported.

#NEETPG2021 Counselling : #SupremeCourt to continue hearing the cases related to EWS/OBC reservation in All India Quota.

Cases listed as item number 33 before a bench led by Justice DY Chandrachud. Bench commences hearing at 10.30 AM.

Follow this thread for live-updates. pic.twitter.com/jwz3H5KdkP

— Live Law (@LiveLawIndia) January 6, 2022

The Supreme Court will continue hearing on EWS, OBC quota in NEET PG Counselling 2021 case today. The apex court adjourned yesterday and said that the NEET PG hearing will be taken up after the fresh cases on January 6. The Supreme Court agreed to hear NEET PG Counselling dates delay case, January 5, 2022, after the Centre on Monday requested the top court to schedule a hearing in a matter related to the Economically Weaker Section (EWS) quota, citing "some urgency".