[PG medical seats] Supreme Court questions Centre on ₹8 lakh annual income limit for EWS quota

The Supreme Court today questioned the Central government's rationale behind introducing an annual income limit of ₹8 lakh for availing reservation under the Economically Weaker Section (EWS) category for postgraduate medical seats through the National Eligibility cum Entrance Test (NEET) [Neil Aurelio Nunes v. Union of India].

. The Bench of Justices DY Chandrachud , Vikram Nath and BV Nagarathna asked the Centre what exercise it did before arriving at that exact figure.

. The Court was hearing a challenge to the 27% reservation for Other Backward Classes (OBC) and 10% reservation for EWS in all-India Quota seats for postgraduate medical courses.

. The petitioners had asked the Court to quash the July 29 notification issued by the Medical Counselling Committee announcing these reservations in all-India quota seats starting from the current academic session 2021-22.

As many as 15% seats in MBBS and 50% seats in MS and MD courses in medical colleges are filled through the all-India quota from candidates selected through NEET.

The petitioners raised the questions as to whether there should be vertical or horizontal reservations for these seats, and whether an annual income of ₹8 lakh was a valid criteria for availing reservation under the EWS category.

. The Court today asked the Centre to file an affidavit and place on record the reason for introducing the ₹8 lakh per annum cut-off for EWS category. It thus asked,

" What exercise did you do for reaching the 8 lakh figure? Or did you just list what is applicable to OBC? As per Indra Sawhney judgment, someone who has breached the ₹8 lakh limit passes the social and economic backwardness due to economic advancement. But if they are below, they fill the criteria of educationally and socially backwardness and economic backwardness. Here we are dealing with pure economic backwardness.

We have to know what exercise has the Centre done. The notification specifically adverts to ₹8 lakh. Now you have an OM of January 17 which combines ₹8 lakh with assets. Are you applying the asset-cum-income requirement?"

. When Additional Solicitor General KM Natraj replied that there were proper deliberations and approval by the Cabinet, the Bench said,

"You just can't say it's a matter of policy when we are asking what is the basis of ₹8 lakh for EWS eligibility. You have to demonstrate the data before you and what was the contemporaneous study. Please reflect on the basis for the 8 lakh. What exercise has been done by Centre to arrive at this? You cannot apply the same criteria as you apply to SEBC. For creamy layer, it was to keep out the economically advanced ones...you file an affidavit."

. Senior Advocates Arvind Datar and Shyam Divan argued for the petitioners in the case.

The matter will now be again heard on October 20.

. [Read Order]

. [Read a live account of the hearing]

[PG medical seats] Supreme Court questions Centre on ₹8 lakh annual income limit for EWS quota

Debayan Roy

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