NEET reservations: Centre justifies INR 8 lakh annual income limit for EWS category

In Supreme Court, the Centre has justified its decision to set INR 8 lakh annual income limit for determining the EWS category for reservation in the NEET exam.

In an affidavit filed in the Supreme Court, the Ministry of Social Justice and Empowerment said that the principle of fixing the INR 8 lakh annual income limit for determining the Economically Weaker Sections (EWS)  category is rational and in keeping with Articles 14, 15 and 16 of the Constitution.

"The fixation of eight lakh as income criteria is on the basis of the criteria detailed in the affidavit after taking into consideration the criteria for determining the creamy layer of OBCs. Further even the Major General Sinho Commission had recognised that the very same test can also be applied for EWS. To provide further checks so as to ensure that only the needy get the benefit of Article 15(6) and Article 16(6) reservations, the office memorandum dated January 17, 2019 provides further exclusions," the affidavit said.

The affidavit reads further, "The exercise conducted to determine the creamy layer for the purpose of OBC reservation would be equally applicable for determination of EWS category since the fundamental premise is that if a person/his family have a substantial economic standing, he/she may not require the benefits of reservation at the cost of others. It is reiterated that even the Major General Sinho Commission had suggested that, "extending the existing criteria to identify 'creamy layer' among OBCs could well serve as to decide the upper limit or as a criterion for identifying EBC families among General Category too."

"Even before the Office Memorandum dated January 17, 2019 was in existence in the context of identification of Economically Backward Classes (EBC) , the Government had set up the Major General Sinho Commission in the year 2005. This Commission had by its report of July 2010, arrived at various conclusions including the criteria to identify 'creamy layer' amongst OBC's could well serve as a basis to decide the upper limit or as a criterion for identifying EBC families amongst the General Category as well. Alternatively the Commission recommended that BPL families from the General Category whose annual family income from all sources is below the taxable limit (as may be revised from time to time) may be identified as EBCs," the affidavit added.

"In the year 2016 the upper-income limit for determination of Creamy Layer in respect of OBCs was Rs 6 lakhs per annum. In order to maintain the same, it was adjusted to Rs 8 lakhs on the basis of Consumer Price Index. As the CPI had increased from 197 (December, 2011) to 268 (March, 2016), the multiplier was 1.36. Therefore to maintain the same standard of living, the income limit of Rs 6 lakh was multiplied with 1.36 to arrive at 8.16 lakhs which was rounded off to Rs 8 lakhs," Centre has submitted to the Supreme Court.

"Once such an exercise had already been done, the Government of India has adopted the same financial criteria. It is reiterated that although the Sinho Commission Report is one of the aspects taken into consideration while arriving at a policy decision to provide reservation to EWS of the society, the income criteria now fixed is not on the sole basis of the Major General Sinho Commission Report," the affidavit stated.

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