NEET- AIQ : Live Updates From Supreme Court Hearing Of Plea Against EWS/OBC Reservation

Justice Chandrachud : If a student comes saying EWS, are you applying the exclusion norm under 17 Jan 2019 notification?

ASG  : Student has to get a certificate.

Justice Chandrachud : From the Tehsildar? Does the Tehsildar verify the exclusions?

ASG : There is a prescribed form.

Justice Chandrachud : Have you communicated to the Tehsildars?

ASG : Yes, it has gone. DoPT has issued. Since those departments are not added as parties, I can't file an affidavit?

Justice Chandrachud : Your press note says 8 lakh which but the OA of 2019 says 8 lakh plus assets. What is the format for the certificate that tehsildar will have to issue if for eg I go to him for issuance of EWS certificate for my child ?

Justice Chandrachud  : We have to know what exercise has Centre done ? Notification specifically adverts to 8 lacs. Now you have an OM of Jan 17 which combines 8 lacs with assets. Are you applying the asset cum income requirement ?

Justice Chandrachud : As far as EWS is concerned, there is no social or educational backwardness. So can you apply the same yardstick of 8 lakh limit for creamy layer to the EWS? In the case of EWS, we are not dealing with social and educational backwardness. So if you lifted the criteria for creamy layer mechanically for EWS? And have you considered only income or income and assets?

Justice Chandrachud : Have you just lifted the condition for creamy layer for the EWS?

ASG : I need to get instructions from the concerned Ministry.

As regards the contentions against Rs 8 lakhs income limit for EWS, ASG says that the concerned Ministry, the Ministry of Justice and the DoPT have to file an affidavit.

"But on the basis of limited instructions, I can say that it is a matter of policy. And it is based on national living cost. In 2015 it was 6.5 lakhs for creamy layer, in 2017 it was increased to 8 lakhs for creamy layer. Anyway, I can file a detailed counter on this", ASG(for union) says.

"Mr.Nataraj, we have to probe you on this. What was the exercise held before this?", Justice Chandrahcud asks.

"I am not able to give a ready answer. I need to get instructions from the concerned Ministry", ASG.

ASG (for Union) : So for these petitioners to argue that this reservation should not be applied is untenable, especially when they have no locus as their results are not yet out.

ASG (for Union) : EWS reservation was implemented in Central Medical institutions like AIIMS, PGIMR, JIPMER etc in 2020.

ASG : This reservation for All India Quota is already implemented in so far as MDS is concerned.

ASG says that for MDS, EWS reservation is already implemented, and counselling is going on. MDS counseling is being done after the directions issued by the Supreme Court.