SC allows NEET-PG counseling for 2021-2022 based on existing EWS/OBC reservation
Highlight
- SC allows resumption of medical counseling for NEET-PG admission for the year 2021-22
- “We are in a position where counseling has to be started in the interest of the nation,” the bench said.
The Supreme Court, in an interim order on Friday, allowed the resumption of medical counseling for NEET-PG admissions for the year 2021-22, and upheld the validity of 27 per cent OBC and 10 per cent EWS quota.
A bench of Justices DY Chandrachud and AS Bopanna said the detailed reasons for the interim order will be followed and the counseling for NEET-PG for the academic year 2021-22 will proceed as per the norms already notified. The bench said the validity of the Rs 8 lakh criterion for determination of EWS for future years would be subject to the final decision of the batch of petitions and listed the petitions for final hearing on March 5.
After a day-long hearing on Thursday on petitions challenging the validity of EWS quota in postgraduate medical admissions and the Centre’s argument in favor of the quota, the court observed that there is a situation where, in the national interest, counseling to begin, which was also a major demand of protest by the resident doctors. A bench of Justices DY Chandrachud and AS Bopanna said: “We are in a position where counseling has to start in the interest of the nation.”
Solicitor General Tushar Mehta, representing the Centre, argued that all the candidates eligible for EWS quota as per the existing norms have got their certificates for registration and added that the seats in all government colleges have to be adjusted to accommodate the EWS quota. has been increased. “So, it will not harm the chances of the general category students…”, he said.
Mehta also clarified that there is no reservation in super-specialty courses and no decision even remotely suggests that there cannot be reservation in PG courses. On the aspect of EWS quota, he said it was a study, brainstorming and extensive consultation when the government decided to fix an income limit of Rs 8 lakh. The Center has accepted the report of a three-member panel set up to revisit the EWS criteria. The panel in its report said: “First, the EWS criteria pertain to the financial year preceding the year of application, while the income criteria for creamy layer in the OBC category is applicable to the gross annual income for three consecutive years.”
The panel said: “Secondly, in the case of fixing the OBC creamy layer, salary, income from agriculture and traditional artisan occupations are excluded from consideration, whereas for EWS all including farming in the criterion of Rs 8 lakh. Therefore, despite having the same cut-off number, their composition is different and, therefore, the two cannot be equated.”
After hearing the parties in the matter, the top court reserved its verdict on petitions challenging 27 per cent reservation for Other Backward Classes (OBCs) and 10 per cent reservation for EWS in All India quota seats for postgraduate medical courses. . Of the candidates selected through NEET, 15 percent seats in MBBS and 50 percent seats in MS and MD courses are filled through All India Quota.
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