The Supreme Court on Thursday said it allowed the Union government to implement 10 per cent EWS reservation in All India Quota seats in NEET UG and PG seats for the academic year of 2021-2022 as any change in eligibility status would have caused confusion and delay the admission process in the midst of Covid-19 pandemic.
A bench of Justices D Y Chandrachud and A S Bopanna, however, said the challenge to the validity of the criteria determined by the Pandey committee, set up by the Centre with regard to income of Rs 8 lakh per annum, for the identification of the EWS category would be listed for final hearing in the third week of March, 2022.
The court also pointed out judicial propriety would not permit it to pass an interim order staying the criteria for determination of the EWS category.
The court further said that without hearing all the interested parties at length on arguments, it would be impermissible to form a prima facie opinion on the alleged arbitrariness of the criteria.
It said issues such as extent of judicial review of materials relied on for providing reservation under Article 15 of the Constitution, the power of the States to determine EWS in view of the explanation to Article 15 and in view of an alternative criteria proposed by the committee formed by the Kerala government, the meaning of EWS - the identification of the poor or the poorest, would be examined by detailed hearing.