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

Datar : The Office Memorandum of the Centre (which introduced OBC/EWS quota) is a classic case of Wednesbury principles of unreasonableness. It has ignored relevant factors and adopted irrelevant factors. In a vast country like India, where it ranges from 40k to 4L- 8Lakh is an arbitrary number.

Datar now refers to income disparities in different states. He says applying Rupees 8 lakh limit uniformly across the country is arbitrary. He says he goes by the argument of Shyam Divan that this quota should not be applied at all in the present year and should be deferred to next year, if at all it is to be implemented. And it should be based on the income criteria of Sinho Committee and not the 8 lakh limit criteria.

Datar: The govt can argue how all India quota would apply to central institutes.

Now I would like to make submission on 2 points. 1st is income disparity.

Datar refers to Article 15(6) which says States specify the EWS criteria.

Justice Chandrachud : But we are talking about the All India Quota? Should the All India Quota be deferred till all the States identify their criteria?

Datar: There should be an all India Consensus.

Datar: Other flaw in Pandey comm report is that there is no study of 8 lakh and agricultural land. Then they themselves say that the residential asset criteria is flawed.

Datar: Now next point, how did they come to 8 lakh.

Datar : Neither the Pandey Commission nor the counter has given even one sentence as to what is the reason for rejecting the SINHO Comm. After spending so much time, money & consulting so many persons, you simply say that I'm adopting creamy layer criteria.

Datar : When Sinho committee report was made on the basis of extensive consultations after several years, there has to be compelling reasons to deviate from it.

Justice Chandrachud : You are saying there is no basis for discarding Sinho?

Datar : Yes, there is no basis and you can't just adopt the creamy layer criteria.

Justice Chandrachud : Sinho committee said all BPL families and all those whose incomes were below the income tax limit among the general category can be EWS.

Justice Chandrachud : Mr.Datar, we will wrap up by 12?

Datar : Yes, others are also waiting.