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

Justice Chandrachud : In so far as EWS is concerned, it is a result of a constitutional amendment, the validity of which is before a larger bench. As far as OBC reservation is concerned, that comes as a result of a direction of the Madras High Court, which came to be implemented by the Govt of India through a notification.

Justice Chandrachud points out that there was a petition filed in the Madras High Court seeking implementation of OBC quota in AIQ. The HC directed the constitution of a committee, which recommended the OBC quota in AIQ. After that the notification came to be issued. So, Justice Chandrachud says, this is essentially an implementation of a mandamus of the Court.

Divan submits that had the exams taken place as per original schedule, the petitioners would have got access to all AIQ seats. The OBC/EWS quota was introduced only later, and this happened as exams got postponed due to second wave. The issue of "changing the rules of the game after it has begun" also arises in the case.

Divan : We emphasize that AIQ was a norm created by this Court, which has stood the test of the time. SC/ST reservation was introduced in that after this court allowed.

Divan says that the Govt, through an executive order, cannot modify a norm created by the Court.

Divan : As per this court's judgments, the reservation in AIQ was confined to SC/STs, which this court permitted. That is a far cry from the impugned notice, which is merely an executive instruction. This was coming on July 29, 2021. This could have waited for next years certainly. The Govt should have approached this court before its decision, as it was done for SC/ST reservation in AIQ.

Divan now referring to Abhay Nath, Pradeep Kumar Jain judgments on All India Quota.

Divan now tracing the origins of All India Quota : 50% All India arose in the context of domicile requirements. This Court felt that there ought to be 50% seats available and this is how this norm came about, submits Divan.  50% increased & decreased in various judgements but then it was reaffirmed in Saurabh Chaudhary judgement. The Court concluded that domiciliary preference would be 50% and 50% would be all India.

Divan : I thought that in my context since this petition relates to OBC, I’d like to draw Court’s attention to the press note as per which 27% seats will be reserved in AIQ for medical courses . This is to indicate the impact. These 2500 seats which were for open general category are sucked out & are no longer available to them

Hearing resumes. Bench now hearing Senior Advocate Shyam Divan.

The bench rises for lunch. Will resume hearing at 2 PM.