SC asks Centre to explain reasons for fixing Rs 8 lakh limit to determine EWS category for NEET

"You just can't say it is a matter of policy when we are asking what is the basis of Rs 8 lakh for EWS eligibility," the bench told Nataraj

The Supreme Court on Thursday asked the Centre to explain the reasons behind fixing Rs 8 annual income as a criterion for declaring the Economically Weaker Sections (EWS) category for claiming reservation in All India Quota seats in NEET examinations.

"What exercise did you undertake for reaching Rs eight lakh figure or did you just list what was applicable to OBC," a bench presided over by Justice D Y Chandrachud asked Additional Solicitor General K M Nataraj.

The bench said the income criterion cannot be uniformly applied across the country as a person living in big metropolitan cities like Mumbai and Bengaluru with the same annual earning can't be compared with those living in a remote village in Uttar Pradesh.

The top court put the questions while hearing a batch of petitions by Neil Aurelio Nunes and others challenging the Centre's notification of July 29 to implement OBC, EWS quota in NEET-All India Quota from the current academic session in Post Graduate courses in medical colleges across the country.

As many as 15% seats in MBBS and 50% seats in MS and MD courses in medical colleges are filled through all India quota from the candidates selected on the National Eligibility cum Entrance Test.

Also read: Think over and fall in line to restore old NEET SS pattern, SC tells Centre

As Nataraj contended implementing reservations was a matter of policy, the bench asked, "What exercise did you do for reaching Rs 8 lakh figure or did you just list what is applicable to OBC?"

The bench pointed out as Indra Sawhney (Mandal case) judgment, those who are below Rs 8 lakh income, they filled the criteria of educationally and socially backwardness and economic backwardness.

"Here we are dealing with pure economic backwardness. We have to know what exercise has the Centre done. The notification specifically adverts to Rs 8 lakh. Now you have an Office Memorandum of January 17 which combines Rs 8 lakh with assets. Are you applying the asset cum income requirement?" the bench asked him.

"You just can't say it is a matter of policy when we are asking what is the basis of Rs 8 lakh for EWS eligibility," the bench asked Nataraj who sought time to file an affidavit in this regard.

Even though Nataraj maintained there was deliberation and with proper notings approved by the Cabinet, the court asked him to demonstrate the data or and contemporaneous study undertaken for it.

The court put the matter for consideration on October 20.

Check out latest videos from DH: