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Whatever We Decide On EWS Criteria Will Apply To NEET PG 2022-23 Admissions As Well: Supreme Court
Shruti Kakkar
14 Feb 2022 2:25 PM IST
The Supreme Court on Monday observed orally that whatever it decides regarding the validity of the Rs 8 lakhs annual income criteria for the Economically Weaker Sections (EWS) quota in the NEET-PG matter will apply to the NEET PG 2022-2023 admissions as well.A bench comprising Justices DY Chandrachud and Surya Kant was hearing a writ petition filed by NEET-PG Candidates seeking clarification...
The Supreme Court on Monday observed orally that whatever it decides regarding the validity of the Rs 8 lakhs annual income criteria for the Economically Weaker Sections (EWS) quota in the NEET-PG matter will apply to the NEET PG 2022-2023 admissions as well.
A bench comprising Justices DY Chandrachud and Surya Kant was hearing a writ petition filed by NEET-PG Candidates seeking clarification on the applicability of EWS criteria of Rs 8 lakhs to NEET PG 2022-2023, as the issue regarding its validity is pending consideration in the case relating to 2021-2022 counselling.
When the matter was taken, the bench said that it has not stalled the process for next year, and the main matter (regarding EWS norms' validity) will be heard in March in the case Neil Aurelio Nunes and others versus Union of India.
"We have kept the matter in March for disposal. The process cannot stop", Justice Chandrachud observed when the matter was taken.
Dr. Charu Mathur, appearing for the petitioners, submitted that the petitioners have sought for an extension of the deadline for edit option in the online forms with respect to the EWS norms.
"No, we cannot grant you extension of the edit window. If authorities have set out a window then so be it. Whatever happens in the matter, it will govern because that's our jurisdiction under Article 32", Justice Chandrachud said.
The petitioner's counsel pointed out that the prospectus does not mention the pendency of the issue in the Neil Aurelio Nunes matter.
"When the SC is seized of the matter, the SC will give directions. Why should the prospectus mention so?", Justice Chandrachud asked.
Later, Senior Advocate Arvind P Datar entered appearance for the petitioners submitting that a fresh writ petition was filed as the same EWS norms are applied to the next admissions as well.
"We have not stalled the process for 2022 2023. We just said EWS quota will be as per our order and we will decide in March. You can file intervention in the main matter. We'll permit you to withdraw this & file an intervention", Justice Chandrachud told Datar.
Accordingly, the petition was dismissed as withdrawn with liberty to intervene in the main matter (Neil Aurelio Nunes case).
Details of the petition
The writ petition filed by NEET PG 2022 sought clarity in the information bulletin for NEET PG 2022-23 regarding the applicability of EWS criteria for 2022-23.
It has been argued in the petition that it would be unfair to accept the candidates to choose EWS category as per the criteria set out in the OM of 2019 when the issue is sub judice before the Top Court.
The bench of Justices DY Chandrachud and AS Bopanna on January 6, 2022 had upheld the constitutionality of 27% OBC reservation. As regards criteria to determine EWS (Rupees 8 lakhs gross annual income cut-off), the Court had allowed the existing criteria to operate for the current admission year so as to not delay the admission process further. However, future application of EWS criteria, which has been stipulated in the Office Memorandum of July 2019, will be subject to final outcome of the petitions which were adjourned for March, 2022.
Doctors in the petition represented by Dubey Law Associates and filed through Advocate Charu Mathur have sought relief for directing the Center to specify in the Information Bulletin that the EWS criteria for academic session 2022-23 would be decided in terms of the pleas challenging the amended reservation policy (27% OBC and 10% EWS) in the All India Quota category scheme in Neil Aurelio Nunes v. Union of India.
Relief for implementing the Top Court's final decision in the matter of Dr Neil Nunes for NEET PG 2022-23 and for extension of the registration deadline till final adjudication of the matter has further been sought.
"That upon receipt of the Information Bulletin, the candidates made umpteen efforts to reach out to the Respondents and also issued a representation to the Respondents, in order to seek clarity with respect to the EWS criteria, however, all attempts were in vain," the petition states.
NEET PG 2022 aspirants while challenging clause 8.26 of the Information Bulletin have sought modification of the same to the extent it restricts a candidate for changing the category after online registration on or before February 4, 2022.
In light of the same, relief for allowing the candidates to fill in the EWS category after the deadline as per the Top Court's decision in the pleas challenging EWS criteria have also been sought.
Doctors have also prayed for extending the date for "EDIT WINDOW" from February 11, 2022 and for including the category change option in the Edit Window for enabling the candidates to choose EWS category during the edit window after the final decision in Neil Auerlio Nunes matter.
The bench headed by Justice DY Chandrachud would hear the matter on Monday.
Case Title: Dr. Varun Dileepbhai Bhatt & Ors. v. National Board of Examination & Ors.| WP(C) 88 of 2022
Click Here To Read/Download Order
