NEET PG Counselling 2021: SC pronounces reasons for its verdict on OBC, EWS reservation

On January 7, Supreme Court had upheld the constitutional validity of 27% OBC and 10% EWS under AIQ, today the court has pronounced the reasons for the verdict, read here to know more.

The Supreme Court has today pronounced the reasons for allowing the 27% OBC and 10% EWS under AIQ on January 7 verdict.

Some of the reasons given by the Supreme Court for the verdict on OBC reservations, as reported by Live Law are - 

• Article 15(4) and Article 15(5) are not exceptions to Articles 15(1). They are restatements of the principle of substantive equality under Article 15(1).
• Merit cannot be reduced to narrow definitions of performance in open competitive examinations which only provides formal equality of opportunities. Current competencies are assessed by competent examinations but are not reflective of excellence, capability and potential of an individual which is also affected by lived experiences, individual character, etc. Not reflected in exams are the social, economic and cultural advantages that accrue to certain classes and contributes to their success in these examinations.
• The central government was not required to seek Supreme Court permission to introduce OBC reservations. 
• The government introduced OBC/EWS quota before the counselling. Hence, it cannot be said that the rules of the game have been changed.

As regards to criteria INR 8 lakh annual income to determine the EWS category, the court has 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 the final outcome of the petitions, said the court. 

Read more:

• NEET Counselling 2021: SC allows EWS, OBC Reservation in All India Quota; paves way for Counselling
• NEET PG Counselling 2021 candidates not pleased with Supreme Court judgement