The Supreme Court on July 28 orally remarked that the Rs 8 lakh annual income limit for the Economically Weaker Section (EWS) reservation was prima facie reasonable.

A bench comprising Justice PS Narasimha and Justice Alok Aradhe was hearing the petitons filed in 2021 challenging the National Testing Agency's 2021 notification providing for 27% quota for Other Backwards Classes and 10% for EWS under the AIQ for medical courses. In Janhit Abhiyan, the Supreme Court in 2022 upheld the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections (EWS) in education and public employment.

In yesterday's hearing, Justice Narasimha at the outset remarked that the case has become infructuous as the matter related to the 2021 session of the NEET admissions. Advocate Tanvi Dubey(for the petitioner) submitted that the question of law with respect to the Rs 8 lakh criteria survives.

She stated that the Pandey Commission was constituted to revisit the EWS criteria, which suggested to retain Rs. 8 lac but recommended the exclusion of family who has agricultural land of 5 acres and above, irrespective the income. In the December 31, 2021, the Union had informed the Supreme Court that it has accepted the recommendations of the Committee. It may be recalled that the Committee was set up after the Court prima facie observed that the income criteria is arbitrary.

At this, Justice Alok Aradhe remarked that the criteria of Rs. 8 lac prima facie appears to be a "reasonable" criteria.

After briefly hearing the petitioner, the Court kept the matter pending for the challenge to the criteria since the leading counsel, Senior Advocate Aravind Datar and Additional Solicitor General KM Nataraj, were not available.

The bench asked Dubey to make a list of the connected matters and the issues raised in them. Adjourning the matter for a week, the Court also requested the assistance of Additional Solicitor General Aishwarya Bhati. The petitions were directed to be served on her.

In January 2022, the Supreme Court, while upholding the EWS and OBC reservations in the AIQ for the 2021-22 admissions, had observed that the validity of the Rs 8 lakh criteria will be determined later. The Court had also clarified that the validity of the criteria will be subject to the final result of the petitions.

Case Details: NEIL AURELIO NUNES AND ORS. Versus UNION OF INDIA AND ORS|W.P.(C) No. 961/2021