NEET- AIQ : Live Updates From Supreme Court Hearing Of Plea Against EWS/OBC Reservation

Datar: De Jure there are 50% seats but de facto there are only 5%, 6% seats

Datar: We’re now dealing with PG students & there are observations which says that at PG Level should not be there.

Don’t change the rules of the game after exam has been announced & if there are some basis, then only 8 lakh limit should be implemented

Datar refers to judgement 1997 3 SCC 98 which also says that students at PG level should be admitted based on merit.

Justice Chandrachud :  But what about judgement in Abhay Nath ? Which said that 50% seats were to be reserved in AIQ. This judgement is also likely to be referred for PG

Datar further refers to another judgement of 2001 which says that there cannot be any reservations for PG courses at AIIMS.

Datar: K. Duraisamy & Anr., Etc. Etc. C vs The State Of Tamil Nadu & Ors says that there should not be reservations at PG level

Datar reads relevant paras of Indira Sawhney judgement & K. Duraisamy & Anr., Etc. Etc. C vs The State Of Tamil Nadu & Ors (para 8)

Datar: I’ve referred to some judgements relevant for interim relief. One point that’ll also emerge is whether reservation can be at PG level or not. That’s another reason for saying to not carve out 10% seats for EWS.

Datar: Poor are the ones who are most deserving. The seats should go to them. Your Lordship has held that there should not be reservations for PG Level.

Datar: 5 lakh is limit for income tax. Today 5k seats will go to open quota. If we take 4% or 5% will go to open category, 2500 seats will go

Divan : The window for open category is so small, if you impose income for 8 lakh. Today even Justice Rajan has said that, almost all students who take admisison have undergone coaching. If 8 lakh is the limit which is approx 70k month. If you now take 8 lakh for EWS