NEET-PG Counselling/ EWS/OBC Quota Case- Supreme Court To Continue Hearing Tomorrow

Divan refers to Pradeep Jain judgment dealing with PG medical admissions. Divan further refers to Saraubh Chaudhury judgment.  50% gen quota came to be cemented by this Constitution Bench judgement, he says.

Divan : The impugned notice dated July 29, which was published five months after the exam notification, has changed the rules of the game and have taken away over 2500 seats available for the general category. This ought not to be applied in the present admissions.

Divan : The last date for registration of NEET-PG was March 15, 2021. After that date, the rules of the game cannot be changed. The original exam was scheduled in April. It was postponed to September due to the pandemic. The notification for OBC/EWS quota was issued on July 29, 2021.

Divan : My broad points are - the rules of the game cannot be changed in the middle, and that this reservation cannot be introduced through executive instructions as the All India Quota was carved out on the basis of judicial directions.

Divan refers to July 29, 2021, notification that introduced OBC/EWS quota. He says this amounted to "changing the rules of the game mid-way" as the reservation was introduced after the exams were notified.

Divan:I am going to focus my submissions on OBC 27%.

Shyam Divan now starts arguing. His petition challenges the OBC/EWS quota in NEET-AIQ. He takes the bench through the background of the case.

Justice Chandrachud to Divan :  Can you conclude the point on counselling by 3.30 pm then Mr Datar can argue

Datar: There are 2 difficulties for the counselling. If the counselling is done based on the report then our plea is dismissed at the threshold. When your lordships say allow counselling, does it mean allow admissions on Rs 8 lakh limit?

Justice Chandrachud: Wrap up between you and Mr Divan by 4 pm today.

Bench seeks the response of Divan and Datar to the SG's request to allow the commencement of counselling.

Solicitor General : Let us proceed with the counselling. Let that stage be over.Your lordships may start hearing the matter in the meanwhile. I admit it was not your lordship's order which prevented counselling. When the statement was made, the situation was not anticipated.