SC to hear batch of petitions challenging OBC, EWS quota on NEET-PG today – Times of India

NEW DELHI: The Supreme Court on Tuesday will hear an application challenging the July 29 notice of the Center and the Medical Counseling Committee (MCC), which reserved 27 per cent for the Other Backward Classes (OBCs) and 10 per cent for the EWS category. Admission to the Cum Entrance Test (NEET) medical course.

NEET PG counseling for 50 percent AIQ seats was scheduled to start on October 25, 2021 However, the MCC postponed the counseling dates



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Solicitor General Tushar Mehta told a bench of Justices DY Chandrachur, Vikram Nath and BV Nagarathna that he had held detailed discussions with senior government officials and those who had prepared the notification. The apex court was hearing an appeal challenging the July 29 notice by the Center and the MCC, which provided 27 per cent reservation for OBCs and 10 per cent for EWS admissions in NEET admissions for medical courses.


In his affidavit, the Center justified the decision to set an annual income limit of Rs 8 lakh for setting up EWS department for reservation in NEET admissions for medical courses.

The affidavit submitted by the Ministry of Social Justice and Empowerment states that the policy of quantification is reasonable and in accordance with Articles 14, 15 and 16 of the Constitution.

It stated that the practice of determining the creamy layer for OBC conservation would be equally applicable to determining the EWS category as the basic premise is that if an individual / his family has sufficient financial position he may not be required. The benefit of saving at the expense of others.


The Major General (Retd.) SR Sinho Commission was formed by the UPA government in 2010 and it recommended welfare measures for the EWS department.

The ministry further said that the criteria for determining the EWS category was obtained after proper discussions with all the concerned stakeholders.

The Center said that even before the Office Memorandum dated January 17, 2019, existed in the context of identification of Economically Backward Classes (EBCs), the government formed the Major General Sinho Commission in 2005.


It states that the Commission, through its July 2010 report, reached a number of conclusions, including the criteria for identifying the ‘creamy layer’ within the OBCs, which could serve as a criterion for identifying upper limits or identifying ABC families among generals. As well as sections.

The Ministry submits that the terms of the Office Memorandum dated January 17, 2019 do not include the resolution of the EWS Department as additional and do not require intervention.

On October 21, the apex court asked the Center whether it wanted to reconsider the annual income limit of Rs.


The apex court made it clear that it was not entering the domain of policy but was merely trying to ensure that constitutional principles were complied with.

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