NEET- AIQ : Live Updates From Supreme Court Hearing Of Plea Against EWS/OBC Reservation

Justice Chandrachud : One this is very clear, EWS reservation is not a horizontal reservation. EWS does not apply to SC/ST.

ASG : These are all larger issues. Don't want a debate on this now.

Justice Chandrachud : This 10% EWS reservation clause says, other than reservations in other clauses.So this is in addition to SC/ST/OBC. So what is the meaning of last sentence of maximum of 10% of reservation in each category? What does each category mean?

ASG :For example in each category, for example, SC reservation..now we have increased the seats. Number of seats can be increased and this particular category can be accommodated.

Justice Nagarathna : But Supreme Court has said reservation cannot exceed 50%?

ASG : That is a larger issue now before Constitution Bench.

Justice Nagarathna : Are you saying that EWS is a class separate from SC/ST/OBC? So EWS forms a class by themselves.

Justice Chandrachud : Yes, this is horizontal reservation.

Kapil Sibal quips : That is the constitutional amendment.

ASG : The Central Govt has enhanced the seats to accommodate EWS. In 2019 for UG, and in 2020 for PG, the seats have been increased to enable further reservation for EWS.

ASG now reads Article 15(6). He says it permits EWS quota in addition to the existing reservations.

ASG : In so far as PG is concerned, exams were held in September, and the impugned notice came in July. Exam notification will not contain the reservation. The argument of "changing the rule in the middle of the game" is untenable and without basis.

ASG : Roster will be notified at the stage of counselling. We have not reached that stage.

Justice Nagarathna : Has it always been the case that reservation is notified only before the counselling or only this time?

ASG : Every time it is the case. Roster is notified before counselling.

ASG : The issue of "changing the rules of the game in the middle" will not apply now. That will come only at the stage of counselling. Also, results are not announced. Till the results are announced, and ranking is notified, the eligibility of the petitioners is under question.

ASG : First submission is that the issue relating to whether 50% ceiling can be breached is before the larger bench. Views of all states have been sought by the bench.