NEET-AIQ : Supreme Court Quizzes Centre About EWS Criteria [LIVE UPDATES FROM HEARING]

Court lists the matter for next hearing on October 28, and seeks affidavit by the Centre on the issues formulated by it.

Bench dictates the order :

"On October 7 2021 when proceedings were taken up, an opportunity was granted to the Union to file an affidavit the basis for adopting the fixing the 8 lakh limit for determining EWS Category. In addition to Ministry of Health and Family Welfare, , Ministry of Social Justice & DoPT were directed to be impleaded. ASG has sought instructions that he’ll file affidavit. We have formulated some issues.

These are the issues :

1. Whether Centre undertook an exercise before arriving at the Rs 8 lakhs criteria to determine EWS.

2. If the answer is affirmative then is the criteria based on Sinho commission report and if so place report on record in this court.

3. The income limit for determining creamy layer in OBC and EWS is same that is 8 lakhs. While in OBC economically progressed is excluded so that social backwardness diminishes, in EWS it is done to include the segments. Therefore the income criterion in OBC which is based on exclusion and in EWS is based on inclusion. In such a scenario it would be arbitrary to provide similar income limit for EWS and OBC.

4. Whether difference in rural and urban purchasing power has been accounted for while deriving this limit ?

5 . Whether on what basis asset exception has been arrived at and has any excercise been undertaken for the same ?

While we grant liberty Centre to bring full record before us, the court must be apprised of on what basis has the EWS income criterion been arrived at.

It would be necessary for Centre to disclose before the court the nature of exercise undertaken in accordance with Article 15(2). We make it clear that we are not entering area of policy but need the disclosure for adhering to constitutional principles"

Justice Chandrachud : We’ll do something. These are areas of policy but we’ll have to interfere. You’ll have to set your house in order. We’ll formulate the issues.

Judges concurring amongst themselves

ASG: Actual draft is ready. I’ll file the affidavit In 2/3 days

ASG pleads to not stay the notification. He says that the Ministries of Social Justice Welfare and DoPT have just been added as respondents and their affidavits need to be filed.

Bench warns that it will stay the EWS notification.

"Please show us something. You had 2 weeks to file an affidavit. We can stay the notification & in the meanwhile you do something", Justice Chandrachud tells ASG.

Justice Chandrachud : You can’t just pull out 8 lakh from anywhere. There must be some data. Sociological, demographic. In OBC’s people who are below 8 lakh, they suffer from social & educational backwardness. Under the constitutional scheme, EWS are not socially & educationally backward.

Justice Chandrachud : You are making unequals as equals by applying that Rs 8 lakh limit. We had given 2 weeks time to file a counter and you should have filed one in a matter as serious as this

Justice Chandrachud : You just cannot pull out 8 lakh from thin air. The only thing you say is parity with OBC. But that has a serious constitutional hurdle. For economic the criteria was of inclusion.

According to your notification families which have income less than 8 lakh will be excluded, how did you arrive at the asset exception? Was any exercise undertaken. Further residential flat category differs between where the flats are located. Has regional disparities been taken into account?

Justice Chandracahud : The creamy layer of OBC category is identified by the ones who have become advanced. OBC category is socially & educationally backward. Is the same limit of 8 lakh for OBC justified for EWS as well?