NEET Counselling 2021: SC allows EWS, OBC Reservation in All India Quota; paves way for Counselling

The Supreme Court has allowed 10% Quota for EWS, has accepted Rs 8 lakh income criteria

The Supreme Court of India has upheld the validity of OBC reservation in NEET PG and UG admissions. The Supreme Court has accepted Pandey committee report and announced that counselling for NEET PG and UG will be taken place in consonance with the notification as given effect to in office memorandum.

For EWS Category, the SC has allowed 10 percent this year and final EWS hearing to be held on March 3, 2022. As per Bar and Bench, the SC observed that Pandey committee report will be subject to the final validity of the subject assailed.

The Supreme Court was hearing petitions challenging 27% reservation for OBC and 10% reservation for Economically Weaker Section (EWS) introduced by Centre in All India Quota (AIQ) seats in State government medical colleges.

NEET EWS quota case today related to the feasibility of the Rs 8 lakh limit for the EWS reservation in quota. On Tuesday, The Central Government urged the SC to expedite the hearing on the case on an urgent basis.

The SC continued hearing of NEET Counselling and OBC, EWS quota case on Wednesday and Thursday. Justice DY Chandrachud led bench was hearing Centre’s plea regarding the feasibility of Rs 8 lakh limit for reservation of candidates from Economically Weaker Sections (EWS) for NEET-PG (All India Quota) admissions. The two-judge bench was also urged to take a call on the NEET PG Counselling which is currently set to start due to the pendency of this case.

While arguing Solicitor General Tushar Mehta pleaded that the NEET Counselling is stuck and it is from Graduation to post-graduation. “we need doctors and their concerns are genuine. as a society, we cannot go into lengthy arguments now. we said we will revisit and the report has been submitted now,” he said as reported by Bar and Bench.

While hearing the case, Justice Chandrachud observed that NEET Counselling must begin. He said: “Everyone is equal in the court. We have been hearing the matter for two days. We must start counselling in the national interest.

Centre sticks to Rs 8 Lakh

The Central government has decided to stick to the existing criteria of Rs 8 lakh annual income limit for the determination of EWS with respect to the ongoing admissions to the NEET postgraduate courses. Central Government in its report submitted to the SC pleaded for keeping the income limit unchanged as most of the candidates who avail the quota have a family of income Rs 5 lakh and below.

Arguing against reservation, Senior Advocate Shyam Divan pleaded that any change in the current scheme can only be made by the Supreme Court and neither by the State or Central Govt and neither by any HC.

Referring to Supreme Court judgments which hold that there should be no reservation in super-speciality courses Divan argued: “Since we are dealing with PG medical courses, this has to be minimal and based on merits. Postgraduate admissions must be completely merit-based and reservation must be minimal. In many courses, postgraduate is the end of the road, and that is the super-speciality in some departments. So the principle regarding super-speciality courses will apply to postgraduate courses too.”

On Tuesday, a bench comprising Chief Justice of India (CJI) N V Ramana and justices Surya Kant and Hima Kohli took note of the submissions of Solicitor General Tushar Mehta, who requested the court for an early hearing on the matter as it pertains to admissions to post-graduate medical courses and that students have been facing difficulties.

CJI observed: “If it is a three-judge bench matter, then it will be listed before a three-judge bench tomorrow.”

Resident doctors across the country have been protesting to start the NEET-PG counselling process. Last month large-scale protests were organized by resident doctors of various hospitals under the banner of the Federation of Resident Doctors' Association (FORDA) in Delhi and other parts of the country over delay in the announcement of NEET-PG counselling dates. The Ministry of Health and Family Welfare (MoHFW) postponed the counselling to revisit the criteria for the determination of the EWS quota.

Earlier, on November 25, 2021, the SC bench had fixed the next hearing next on January 6, 2022, however under pressure from NEET PG aspirants Centre urged the court to schedule an early hearing and the matter was listed for today, January 05.

NEET Counselling was postponed since the central government while responding to the court’s query had assured that the process will remain pending while the case was sub-judice.

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