After a day-long hearing on petitions contesting the validity of the EWS quota on postgraduate medical approvals and the center’s reasoning for the quota, the court said Thursday that in the national interest the deliberation must begin, which is also a key one The protesting resident doctors demanded it.
A bank made up of Judges DY Chandrachud and AS Bopanna said, “We are in a situation where it is in the national interest that deliberation must begin.”
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Attorney General Tushar Mehta, who represents the center, argued that all candidates eligible for the EWS quota under the existing criteria have received their certificates of registration, adding that the seats in all state colleges have been increased by the To meet the EWS quota.
“So this won’t hurt the chances of the general category students …” he added.
Mehta also made it clear that super specialty courses have no reservation and none of the judgments remotely suggest that there cannot be a reservation with PG courses. Regarding the EWS quota, he said there was study, mindset and extensive consultation when the government decided to set the income limit of Rs 8 lakh.
He stated: “We are not in the exercise of finding out who is poor. The constitution uses the word economically weaker section.
He clarified that the income in the present case is family income and that if 3 family members earn 3 lakh rupees per year, their income would be 9 lakh rupees and they would not fall under the EWS category.
Senior attorney Arvind Datar, who represented some petitioners, argued that an adequate study was not conducted to reach the Rs 8 lakh income limit, citing income disparities in different states. He said the uniform application of the Rs 8 lakh limit across the country is arbitrary and that quota should be postponed to next year instead of this year.
Attorney Archana Pathak Dave, who represents the Federation of Indian Doctors, said, “Each year an estimated 45,000 candidates are enrolled in the NEET-PG PhD exam as a medical workforce due to the outbreak of the Covid-19 pandemic and its result resulting delay in conducting the NEET-PG investigation. ”
In an intervention lawsuit, the medical association asked the supreme court to allow counseling.
Senior attorney Shyam Divan, who represents some of the doctors who took the exam, argued that postgraduate admission must be entirely performance-based and reservations must be minimal, citing Supreme Court rulings saying it is in super -Special courses should not give any reservations.
The Center has accepted the report of a three-person committee to review the EWS criteria. The panel said in its report: “First, the EMS criteria relate to the fiscal year preceding the year of application, while the creamy layer income criterion in the OBC category applies to gross annual income for three consecutive years.”
The panel added: “Second, when deciding on the creamy OBC tier, income from wages, agriculture and traditional craft trades are excluded from consideration, while the Rs 8 lakh criteria for EWS cover all sources including agriculture. Although they have the same cut-off number, their composition is different and therefore the two cannot be equated. ”
After hearing the parties on the matter, the Supreme Court reserved its judgment on the petitions contesting the 27 percent reservation for Other Backward Classes (OBC) and 10 percent reservation for EWS in all-India quotas for postgraduate medical courses became.
Up to 15 percent seats in MBBS and 50 percent seats in MS and MD courses are filled by the candidates selected via the NEET thanks to the overall India quota.
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