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Judiciary

Supreme Court to pronounce reasons for its order allowing NEET-PG Counselling with present OBC-EWS quota in AIQ

By LawStreet News Network      20 January, 2022 11:25 AM      0 Comments
Supreme Court NEET-PG Counselling OBC-EWS

Justice DY Chandrachud: we are uploading the reasons now for the order we pronounced the other day. We have given reasons. We are listing the matter on March 3rd week. We gave reasons why we didn't stay the notification qua EWS

Justice DY Chandrachud: second is why we upheld the OBC 27%. We hold that reservations for OBC in AIQ for UG and OG is constitutionally valid.

Justice DY Chandrachud: articles 15(4) and 15(5) are facets of substantive equality. Competitive exam do not reflect economic social advantage which is accrued to some classes. Merit should be socially contextualised

Justice DY Chandrachud: reservation is not at odds with merit but furthers it's distributive impact

Justice DY Chandrachud: scheme of AIQ was devised to allot seats in state run medical institutions. Observations in Pradeep Jain case should be read merit vis a vis residences.

Justice DY Chandrachud: Centre was not required to seek permission of this court before granting reservation in AIQ seats and thus their decision was correct.

Justice DY Chandrachud: it cannot be argued that rules of games were set when the dates of exam was decided. Pending applications in relation to OBC stands disposed off

Justice DY Chandrachud: For EWS, we have said that argument of petitioners in validity of EWS was not limited to it's share in AIQ but also on the basis criteria, thus it needs to be heard in detail

Justice DY Chandrachud: judicial propriety will not permit us to stay the quota when the Counselling is pending especially when constitutional interpretation is involved.

Justice DY Chandrachud: any judicial intervention would have delayed the admission process for this year.

Justice DY Chandrachud: any change for eligibility qualification would have delayed the admission and lead cross litigation. We are still in midst of the pandemic and thus the nation needs doctors.

Reservation isn't odd with merit but furthers the distributive consequences of social justice, holds Supreme Court as it also declares that Pradeep Jain verdict in '84 can't be read to mean no reservation in AIQ seats.

Justice Chandrachud writes the judgment on NEET reservation.

Justice Chandrachud says a lot of uncertainty going on in the Supreme Court as many Judges tested Covid positive putting the CJI in difficulty regarding fixing composition of benches for scheduled hearing of matters. The situation will improve once colleagues join back, he said.

Justice Chandrachud: For EWS, we've said that the petitioners argument of petitioners in validity of EWS not limited to its share in AIQ but also based on the criteria needs to be heard in detail.

Justice Chandrachud: Any judicial intervention would have delayed the admission process for this year. 
Any change for eligibility qualification would have delayed the process of admission and lead cross litigation.

Justice Chandrachud : Challenge to the criteria of EWS would be heard in the third week of March 2022.



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