Supreme Court reserves judgment on EWS quota in NEET PG Counselling 2021

NEW DELHI: The Supreme Court today reserved the judgement on EWS, OBC quota in NEET PG Counselling 2021. The SC adjourned yesterday and resumed the NEET PG hearing today. A batch of pleas challenged the July 29 notice providing 27% reservation for Other Backward Classes (OBC) and 10% for Economically Weaker Sections (EWS) category in 15% UG and 50% PG All India Quota seats (MBBS or BDS and MD, MS, MDS) with effect from the academic session 2021-22.

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A two-judge bench comprising Justice DY Chandrachud and Justice AS Bopanna today heard the EWS, OBC reservation in NEET PG Counselling case. The Supreme Court on January 4 agreed to hear NEET PG Counselling dates delay case on 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". The matter was initially listed for January 6, 2022.

EWS Quota: Rs 8 lakh income limit debate

Referring to the Sinho Committee Report, Senior Advocate Arvind Datar on EWS quota said, "Our submission is that 8 lakhs is a top-down approach and not a bottom approach." He reiterated 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".

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

Senior Advocate Arvind Datar further pointed out the difference between OBC and EWS as mentioned in the Pandey Committee report. He urged Supreme Court to direct Rs 2.5 lakh as the limit for this year for NEET PG counselling, as per the Live Law report.

While Senior Advocate Anand Grover said that the vast majority of people are from 0 to 2.5 lakhs. “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.”

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Start NEET PG Counselling Immediately: FORDA

Following this, Advocate Archana Pathak Dave for the Federation of Resident Doctors Association (FORDA), which has sought to intervene in the case, said, "45,000 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 there as first years have not joined.

“ NEET PG counselling has to start immediately because 3rd year residents are about to pass out in four months. We'll be left with 33% of the workforce. With 3rd wave coming we need doctors," the report further quoted Advocate Archana Pathak Dave.

Acknowledging the concerns raised, 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."

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

He further said the seats in all government colleges were increased to accommodate EWS quota. There is a 25% increase in seats, he added.

Justice Chandrachud asked, “If residential asset criteria is burdensome, why not exclude it this year?”. Solicitor General said 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.

The Supreme Court closed the arguments and reserved the orders on the EWS quota in NEET PG counselling 2021.

Tamil Nadu CM on pending Bill seeking exemption from NEET

Meanwhile, Tamil Nadu Chief Minister M K Stalin 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.

Recalling the unanimous Assembly bill passed in the House in September against NEET , Stalin said based on the decisions to be taken in the Saturday all-party meeting, "our struggle against NEET and for social justice will continue." He reiterated NEET was against the interests of the rural students and charged the Centre, through the entrance test had "snatched away" states' rights to decide on how it will conduct its medical admissions, with the state keen to do so only based on Class 12 marks.