NEET PG 2022 : Plea In Supreme Court Seeks Clarity On Applicability Of EWS Criteria

NEET PG 2022 aspirants have approached the Supreme Court seeking clarity in the information bulletin for NEET PG 2022-23 regarding the applicability of EWS criteria for 2022-23.

It has been argued in the petition that it would be unfair to accept the candidates to choose EWS category as per the criteria set out in the OM of 2019 when the issue is sub judice before the Top Court.

The bench of Justices DY Chandrachud and AS Bopanna on January 6, 2022 had upheld the constitutionality of 27% OBC reservation. As regards criteria to determine EWS (Rupees 8 lakhs gross annual income cut-off), the Court had allowed the existing criteria to operate for the current admission year so as to not delay the admission process further. However, future application of EWS criteria, which has been stipulated in the Office Memorandum of July 2019, will be subject to final outcome of the petitions which were adjourned for March, 2022.

Doctors in the petition represented by Dubey Law Associates and filed through Advocate Charu Mathur have sought relief for directing the Center to specify in the Information Bulletin that the EWS criteria for academic session 2022-23 would be decided in terms of the pleas challenging the amended reservation policy (27% OBC and 10% EWS) in the All India Quota category scheme in Neil Aurelio Nunes v. Union of India.

Relief for implementing the Top Court's final decision in the matter of Dr Neil Nunes for NEET PG 2022-23 and for extension of the registration deadline till final adjudication of the matter has further been sought.

"That upon receipt of the Information Bulletin, the candidates made umpteen efforts to reach out to the Respondents and also issued a representation to the Respondents, in order to seek clarity with respect to the EWS criteria, however, all attempts were in vain," the petition states.

NEET PG 2022 aspirants while challenging clause 8.26 of the Information Bulletin have sought modification of the same to the extent it restricts a candidate for changing the category after online registration on or before February 4, 2022.

In light of the same, relief for allowing the candidates to fill in the EWS category after the deadline as per the Top Court's decision in the pleas challenging EWS criteria have also been sought.

Doctors have also prayed for extending the date for "EDIT WINDOW" from February 11, 2022 and for including the category change option in the Edit Window for enabling the candidates to choose EWS category during the edit window after the final decision in Neil Auerlio Nunes matter.

The bench headed by Justice DY Chandrachud would hear the matter on Monday.

Case Title: Dr. Varun Dileepbhai Bhatt & Ors. v. National Board of Examination & Ors.| WP(C) 88 of 2022