NEET-PG Counselling : Supreme Court Reserves Order In EWS/OBC Case [LIVE UPDATES Of Day 2]

SG responds to arguments that there cannot be OBC reservation in PG, Super-Specialty courses.

SG : At the outset, super speciality has no reservation. NEET exam has nothing to do with admission in super speciality. Second, Article 15(5) does not distinguish between under graduation and post-graduation when it says State can have reservations for socially and educationally backward class.

Solicitor General : The seats in all government colleges were increased to accommodate EWS quota. So this will not harm the chances of general category students as seats are  increased. There is a 25% increase in seats.

Solicitor General : All candidates eligible for EWS as per existing criteria have got their certificates for registration. So there won't be any hardship to anyone.

Justice Chandrachud : When do they have to submit the certificates?

Solicitor General : On July 29, when the booklet of counselling was released.

Justice Chandrachud : So they have already got their certificates.

Solicitor : Yes, now they are only awaiting counselling. They don't need to submit anything

Solicitor General : The real process starts with counselling. Examination has got nothing to do with reservations. So there is no basis in saying rules of the game changed.

Justice Chandrachud : There will be some element of discrimination if reservation is not permitted in AIQ - this was the last point you made.

Solicitor General : Yes.

Bench re-assembles. Solicitor General continues with submissions.

Bench rises for lunch.

SG would continue with his submissions at 1:30 PM.

SG: By the time your lordship came to consider PG Admission etc and my colleague ensured that counselling would not proceed position was that IIT's - all central universities implemented this 27% OBC & 10% EWS because that is the decision taken as back as in Jan 2019.

All UPSC exams are taking place with this 27% OBC and 10% economically weaker section.

Solicitor General : Right from 2006, the Central Educational institutions had 27% OBC reservation. So the OBC quota in All India Quota, as per the impugned notification dated July 29, is not for the first time.

SG: I want to place position as to what was the position when the notification came. It was not for the first time. There is an act called Central Educational Institution Reservation in Admission Act, 2006 which concerns OBC reservation.