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

Now ASG Nataraj makes submissions on behalf of the Union of India.

Choudhury : Supreme Court has ruled that reservation is not a right. In Maha there are 1.5 lakh seats of engineering as compared to 76k seats available all over the country. Any reservation would hurt chances of meritorious students getting chance. They will have to get admitted in Pvt colleges where they charge almost 40 Lakhs

Choudhury : Unless the Presidential list comes into force, no other OBC reservation be given.

Justice Chandrachud : This may not be correct. If you see Article 342(1), there can be list in relation to a state. Article 342A is not a list which comes in conflict with All India Quota. AIQ students come from all over India.

Choudhury : This is a populist measure taken by the Govt. Justice Rohini commission have recommended sub-categorization of OBCs. That is yet to be done. Also, the Presidential list of OBCs as contemplated under the 102nd Constitution Amendment is yet to be notified. Presidential list is to be the sole list for OBCs as per the Maratha case verdict.  Unless these constitutionally mandated things are done, the Govt should not rush to give reservation in AIQ.

Divan concludes arguments. Now Advocate Srirang Choudhury makes submissions for another petitioner.

Choudhury : After the 102nd Constitution Amendment, National Backward Commission has got constitutional status. As per the Backward Commission Act, there has to be a review of SEBC list every 10 years. That has not been done yet.

Another point is list of OBCs are different in states. There are two lists- Central and State Lists. Now after the Maratha case judgment, there has to be Presidential list for OBCs.

Divan : If we are talking about the difference, that is 2500 PG seats. They are now not available. If we are to remove 2500 seats from "just merit", that is a factor which should weigh with the Court.

Justice Chandrachud : Is there any qualitative difference between SC/ST reservation and OBC reservation? Once we have approved the SC/ST reservation in AIQ, is there is any ground to make a distinction between OBC? Can we fault the govt for giving the OBC reservation, once SC/ST reservation in AIQ is allowed?

Divan :State cannot use a shield of Mandamus. We are well within our rights to say, it was the Union's duty before implementing something with enormous ramifications to come here. The State would have to justify its position, that the notification stands the scrutiny of Part III.

Divan : Society requires doctors of enormous merit. During the pandemic, we have seen their services.

Divan: The Madras HC dealt with seats in TN. In the same, the bench relied on Abhay Nath. Notification at the end of the day is an executive direction by way of press note.But taking into consideration the history, they should have come forward in case of some deviation