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Revisit the annual income limit of Rs 8 Lakh for Ews admissions into Neet-Pg

The Center told the Supreme Court on Thursday that it had made a thoughtful decision to review the Rs 8 lakh annual income limit set to determine the category of economically weaker sections (EWS) for booking in NEET admissions for postgraduate medical course. A bench of Justices DY Chandrachud, Surya Kant and Vikram Nath have been informed by Solicitor General Tushar Mehta that a committee will be formed to determine the criteria for the SAP and that this will take four weeks. Mehta said NEET (PG) advice would be postponed for another four weeks, in line with assurances previously given to the court.

The higher court heard a batch of pleadings filed by students challenging the opinion of the Center and the Medical Advisory Committee (MCC) of July 29 providing a reservation of 27% for other backward classes (OBC) and 10% for the EWS category in the National Eligibility Test (NEET-PG) medical course admissions for the current academic year. Justice Kant said the SAP quota is a very empowering and progressive type of reserve and all states should support the Center in its efforts.

The bench stated that the only question is that the determination of the category should be done in a scientific manner and he appreciates that the Center has taken the decision to revise the previously established criteria. Senior lawyer Arvind Datar, representing the petitioners (students), said that since much time has passed and the Center should postpone the implementation of the EWS quota for the next academic year and that the council of the current year should be allowed to continue.

The bench accepted Datar’s submission and asked Mehta if he could push the implementation of the constitutional amendment for the next academic year and allow the council to continue for the current academic year. Mehta said the government made the decision to implement the 103rd constitutional amendment for the current academic year and pushing it back would not be appropriate.

He said if the determination is made earlier than four weeks, he will notify the court. The bench told Datar that four weeks was not unreasonable and that it did not want to push the government to do it sooner or else the criteria would be set in an unscientific and haphazard manner.

Attorney Shashank Ratnoo, appearing on behalf of some of the OBC applicants, has requested that the application of the reservation to OBC students not be postponed as the Center plans to review the SAP criteria. The bench said it had not said anything about the OBC students and that it did not have the petition.
He then recorded Mehta’s submission and released the case for a rehearing on January 6. On October 21, the highest court asked the Center if it wished to review the eight rupee annual income limit set to determine the SAP category for the reservation. in NEET PG admissions.
The highest court had specified that it was not getting involved in the political field but that it was only trying to verify whether the constitutional principles had been respected or not. He was upset that no affidavit had been filed by the Department of Social Justice and Empowerment and the Department of Personnel and Training (DOPT) and formulated questions for the Center to answer within a week.
He had asked the Center if an exercise had been undertaken before setting a limit of Rs 8 lakh of annual income to determine the SAP category and if the report of the commission of Major General (retd) SR Sinho of 2010 had been taken into account. before determining the criteria? The Major Gen (retd) SR Sinho commission was formed by the UPA government in 2010 and recommended welfare measures for the SAP category, including reservations for them. The Center had said that the commission’s report was one of the bases for determining the criteria, but after that several deliberations took place and other factors were also taken into account.

He had asked the Center to answer a question that since the income limit for determining the creamy layer in the OBC and EWS category is the same Rs 8 lakh, it would be arbitrary to provide a similar income limit for EWS and OBC. The bench said that according to the explanation of the 103rd Amendment to the Constitution, the SAP criteria will be notified by state governments, so how can the Center notify a uniform SAP criterion for the whole country.

On October 7, the highest court asked the Center in-depth questions about its decision to set a limit of Rs 8 lakh of annual income to determine the EWS category for booking in NEET admissions. The Center then declared that setting a limit of Rs 8 lakh of annual income for the SAP category is a matter of policy based on the national cost of living index.

On September 17, the highest court agreed to hear a batch of student pleas against the July 29 notice providing for 27% reservation for OBC and 10% for the EWS category in 15% UG and 50% PG All India Quota seats (MBBS / BDS and MD / MS / MDS) as of the current academic session 2021-22. The Medical Counseling Committee (MCC) in its July 29 opinion stated that 27% of bookings for other backward classes (OBC) and 10% for the economically weaker sections (EWS) category will be provided in NEET admissions (PG ) for medical courses.

First publication: STI


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