NEET-PG Counselling : Supreme Court Reserves Order In EWS/OBC Case [LIVE UPDATES Of Day 2]
Shruti Kakkar
6 Jan 2022 4:38 AM GMT
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Live Updates
- 6 Jan 2022 9:12 AM GMT
Justice Chandrachud : There is one doubt we have. The affidavit you filed in October, where you justified the 8 lakh criteria, you said you adopted the OBC-creamy layer criterion. You said income criteria for EWS largely followed the criteria for OBC reservation. So when you first came to the court, you said you largely followed OBC criteria. Now, what you seem to suggest in the affidavit is income tax limit is an alternate criterion. Let's compare that with the Pandey committee report.
- 6 Jan 2022 8:54 AM GMT
Solicitor General : Ultimately what matters is common sense. From the commence perspective, is Rs 8 lakhs reasonable is the question. Rs 8 lakh is about Rs 70,000 per month. We are not in the exercise to find who is poor. The Constitution uses the word "economically weaker section". Whether economically weaker meritorius students can compete with other students, afford tuition etc, are the considerations.
- 6 Jan 2022 8:45 AM GMT
SG on EWS : With respec to the contention that there was no study: There was a study, application of mind, consultation b/w the govt but it was only because of your lordships intervention, this (revisiting 8 lakh criteria) study was undertaken. It was not an unstudied exercise.
- 6 Jan 2022 8:42 AM GMT
Solicitor General : They cannot succeed in saying that there cannot be reservation in PG without challenging Article 15(5) and the Central Educational Institution Reservation in Admission Act, 2006. They cannot just challenge the Office Memorandum. Because the source is Article 15 and the Act. These are my submissions on OBC reservation. Now I will come to EWS.
- 6 Jan 2022 8:33 AM GMT
Justice Chandrachud points out that Pradip Jain judgment says that super specialty courses there should be no reservations even on the basis of institutional preference. This means, there can be reservation in other course, Justice Chandrachud surmises.
"This sentence implies that you can have valid reservation up to PG level. The last sentence seems to indicate that", Justice Chandrachud.