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

Divan : This writ petition is directed against OBC reservation introduced in the All India Quota. The impact in my petition is seen from the press note -the July 29, 2021, press note.  The press note reveals the effect and impact as covering 2500 Post Graduate Seats.

Divan gives out the dates : Last date for filling up the PG forms was March 15. Exam was scheduled on April 18. Then exams were postponed due to the second wave. The new date for exam, 11 September, was announced on 13 July and the impugned notice is on July 29.

The bench says it will now hear Senior Advocate Shyam Divan on the issue.

Solicitor General : This is not a matter where affidavits are required. If this matter can be posted after Dussehra vacation, asking states to file a statement on their views on the issue.

Justice Chandrachud : My sister is saying that the 103rd Constitution Amendment also includes the states & each state can provide quota. Suppose state of MP, UP, Maha want reservation in any college, then in that they will have to define the reservation for EWS

Justice Nagarathna : Article 15(6), when it speaks of EWS, mentions "State". Does it refer to State Governments or the Union Government.

Sibal says that all these issues are pending before the larger bench.

Sr Adv Sibal (for TN) supports the view that States have to be heard :  It will impact states since each state has a different demographic.

Solicitor General : The petitioners are only advocating a narrow view. I am not on the technical ground that the petition will not lie. The petition may lie. I am not on that. But the debate which takes place, it will be incomplete unless the views of the State are taken. It is bound to have implications on the States.

Justice Nagarathan : What is the percentage of seats allotted to All India Quota out of the total seats?

Datar : 50%

Justice Nagarathna : So the balance goes to the states?

Datar : Yes

Justice Nagarathna : So each states have their own policies for their seats. Here we are only concerned with All India Quota for which the jurisdiction with the Union of India. So how are the states concerned?

Solicitor General : I will explain. Whatever your lordships will decide will have a pan India effect.

Solicitor General Tushar Mehta  Since this will have pan India ramifications, I request for impleading the states too. If your lordship could issue notice to states.

Senior Advocate Kapil Sibal (for Tamil Nadu Govt ) : I fully endorse that view