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

Solicitor General : The information brochure was published on February 23. My first submission is the rules of game start from this date. Last date of registration was March 15. Scheduled exam was in March.  It was postponed. Date for release of booklet counselling in July 29.

The information brochure says that the reservation will be applicable as per the norms of the government. What will be applicable reservation will be informed at the counselling. When I appear for an exam, my performance is not based on applicable reservation. I have to give the best. I can't say since there is 10% reservation, I can perform slightly less.

Solicitor General : Mr.Divan's argument that there is change of rules of the game and the goalpost has been changed is factually incorrect.

Solicitor General Tushar Mehta now makes submissions. He first says there is no change of rules of the game.

Justice Chandrachud to Dave (for FORDA) : The bench shares your concerns.  That's a valid point you're making, not only for the doctors but also the citizens. Thank you.

Adv Dave for FORDA: I'm representing resident doctors who had gone on strike. 45000 doctors are inducted as PG doctor's every year in medical workforce. This year because of the pandemic exam happened late, only 2nd and 3rd year residents are there because 1st years have not joined.

The counselling has to start immediately because 3rd year residents are about to pass out in 4 months. We'll be left with 33% of workforce. With 3rd wave coming we need doctors.

Advocate Archana Pathak Dave now making submissions on behalf of FORDA, which has sought to intervene in the case.

Grover: Vast majority of people are from 0 to 2.5 lakhs and even if income tax limit is now 5 lakhs, more than 80% people are in this range.

With this criteria, if 5 lakh criteria is adopted, vast majority will fall into that. 5 lakhs is the basic criteria which should be there and there is no reason as to why 8 lakh criteria has been adopted.

Justice Chandrachud : Mr Grover what you're saying is that use your 142 power and consider it as 5 lakhs?.

Grover: Other Economically sections criteria have been completely ignored.

In their own report, it says that they will apply the criteria prospectively meaning thereby that it is to be applied from next year but that is also not clear.

Senior Advocate Anand Grover now makes submissions :  Explanation to Art 15 is the EWS shall be such as may be notified on the basis of family income and other indicators. My submission is that apart from income, other indicators have not been identified.

Chaudhury submits that the the Central List for OBC has not been revised as per the mandate under Section 11 of NCBC Act, 1993.This revision has never happened and is pending since 1993.

In 2017 Justice Rohini's commission was appointed to look into sub categorisation to ensure equitable separate reservation of deprived classes. As per the same, almost 2600 castes are to be classified under 4 category from 2%, 6%, 9% and 10%. Total 27% is to be divided in these 4 subcategories.