[NEET- AIQ] Our Only Concern Is That The More We Push The Admissions Back, The More The Delay In The Term: Supreme Court

"I have instructions to say that the government has decided to revisit the (EWS) criteria and we will formulate a committee and we would decide within four weeks. Till then, whatever assurance we have given to your lordships continues. Counselling would wait for four more weeks", SG Tushar Mehta told the Supreme Court on Thursday.The bench of Justices D. Y. Chandrachud, Surya Kant and Vikram Nath was hearing a batch of petitions filed by NEET aspirants challenging the decision of the Central Government to introduce 27% OBC and 10% EWS reservation in the NEET-AIQ.Justice Chandrachud observed, "That is a very good thing. Let it be done scientifically. You can revisit the criteria. We are not coming in the way at all. But our only concern is that the more we push the admissions back, the more the delay in the term. That is something you have to take a policy decision on.""Would your lordships want us to consider whether to continue with the present criteria in this year?," asked the SG."Not the present criteria because then we have to hear this matter. If you can, for the EWS, since this process is going on (unclear)...in this willy-nilly, the term gets pushed back (unclear)", said Justice Chandrachud."I will take instructions", said the SG.Justice Chandrachud noted, "What happens is that we are at the end of November. Suppose you complete it by the end of December and then implementation etc and then the terms would begin only sometime in February-March. Two months, the students are losing the time. This is something you may want to consider."The SG then said, "Then the other option would be that for the present Academic year, we go with this criteria which is not per se arbitrary, although it may not have been planned...""That is their challenge. Now you have also felt the need to do it. We don't want to say anything more right now. We don't want to give our mind at all right now. We have to hear both sides. We are seized of this matter now. You may apply the EWS criteria itself from next year so that the student can get admissions...", remarked Justice Chandrachud."Deferring the constitutional amendment should be the last thing...", advanced the SG."That is only an enabling provision", said Justice Chandrachud."But that is brought into the operation. The government intends to enforce it", submitted the SG.Justice Surya Kant noted, "EWS is a very pragmatic and progressive kind of reservation for which the State must be credited. The only issue is as to how to adjust it, whether horizontal or vertical.."Senior Advocate Arvind Datar, for the petitioner, advanced, "The people getting more than 70,000 Rs. per month, can they be called EWS? Eight lakh limit is the question."Justice Surya Kant said, "For that, they can work out.""That is what we are doing", assured the SG."You were supposed to do it before Diwali", submitted Mr. DatarJustice Chandrachud said, "If you push them too much, too fast, then there would be another set of petitions challenging the arbitrariness""We are closing on 17. 16 is the last working day. They can atleast report to the court by the 12 so that in the miscellaneous week we can have some idea whether to go on with the counselling or not go on with counselling", told Mr. Datar.Justice Chandrachud reflected, "If they have to do it, let them do it in a proper way. We don't want to push them in a situation where they do something in an improper way- you know, all the problems that we have noticed in our order. Four weeks is not unreasonably long. I am only worried that medical admissions and the medical year is being postponed.""Your Lordships may consider keeping in mind that while other appointments may come, but where it has started, it may not come to a standstill...", submitted the SG."We will record your statement and we will say that they want four weeks and we will place it on the reopening", said Justice Chandrachud.Justice Surya Kant noted, "There is a challenge to EWS/OBC. There might be candidates among the SC/ST also. Would you want to make space in the reserved category?""That would be a forward-looking way. I will put it to the government", responded the SG.Proceeding to dictate the order, the bench recorded, "SG Tushar Mehta, for the Union of India, with ASG K. M. Natarj, states that the Union of India has taken a considered decision to revisit the criteria for determining the economically weaker sections in terms of the provisions of the Explanation to Article 15 of the Constitution, inserted by the 103rd Amendment Act 2019. The SG states that a period of four weeks would be required for this exercise, and pending its conclusion, the date for counselling shall stand postponed. In the circumstances, the assurance which was earlier placed on record of this court would continue. Accordingly, we direct that further hearing be listed on January 6, 2022."The Centre had on October 25 assured the Supreme Court that the counselling for NEET-PG 2021 shall not commence until the...

[NEET- AIQ] Our Only Concern Is That The More We Push The Admissions Back, The More The Delay In The Term: Supreme Court

Mehal Jain

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