NEET PG Counselling 2021 Uproar: SC Pronounces Its Reason For Upholding Reservation Criteria.

On 07.01.2022, The Supreme Court bench of Justice DY Chandrachud and Justice AS Bopanna, while hearing the petitions challenging the Medical Counselling Committee’s July 29 notification, upheld the centre’s decision to increase the OBC’s Reservation in All India Quota for NEET-PG Medical Seats to 27%.

While pronouncing the order Justice Dy Chandrachud remarked, “We have upheld the constitutional validity of 27% reservation for OBC in NEET PG AND UG. For EWS this year the 10% will apply for this year and the prospective ruling will be decided on a final EWS hearing to be held by the third week of March 2022." The bench of justices pronounced their judgment of implementing 27% OBC and 10% reservation in all India quota of NEET UG and NEET PG.

Today, the Apex Court pronounced its reason for upholding the validity of the new criteria for OBC and EWS reservation in the All India Quota (AIQ) for the NEET-PG Counselling 2021.

Justifying its decision, the Apex Court said, “Centre was not required to seek the permission of this court before granting reservation in AIQ seats and thus their decision was correct. It cannot be argued that the rules of games were set when the dates of the exam had been decided."

The Court also pronounced its reason for not allowing new criteria for EWS reservation and retaining old ones instead for the current academic year. The Court will evaluate the new criteria in the third week of March, for subsequent academic years. “This is because the argument of petitioners about the validity of EWS was not limited to the share in the number of seats in All India quota,” the Supreme Court said. The petitioners also questioned the basic criteria (income level threshold)

i.e. 1. Candidate's family gross income must be less than ₹8 lakh/ year

2. Their family must not own more than 5 acres of agricultural land.

3. The residential flat area should be below 1000 sq ft.

Background Of The Case

On 29.07.2021 the Directorate General of Health Services in the Union Ministry of Health and Family Welfare issued a notice regarding the new Reservation criteria for OBC and EWS category.

The notice implements a 27% reservation for Other Backward Classes (non-creamy layer) and a 10% reservation for the Economically Weaker Section while filling up 15% undergraduate and 50% post-graduate All India Quota seats in pursuance of the National Eligibility cum Entrance Test (NEET).

It was argued that there cannot be any reservation for the OBC and EWS category in the AIQ seats in NEET-PG and that the criteria for the determination of the EWS category notified by the MCC’s Notice were unconstitutional.

Senior Advocate Arvind Datar challenged the 10% EWS Quota using Rs 8 lakhs as the cut-off income limit for identifying EWS. He argued that the cutoff income limit should be 2.5 Lakhs for this year’s counselling. He also urged the court to preserve the integrity of Sinho Commission.

Various petitions were instituted on 24.08.2021 to challenge the validity of the abovementioned notice. While the petitions were still pending in the court, the NEET-PG results were announced on 28.09.2021.

The NEET PG counselling was scheduled to commence on 25.10.2021 but was deferred till further notice due to intervention of the apex court. The MCC in October had submitted in court that NEET PG counselling will not start until it decides the validity of the implementation of EWS and OBC reservation in all India quota (AIQ) medical seats. The long wait for the counselling process of NEET-PG 2021 resulted in frustration among the Medical Fraternity and this led to massive protests nationwide by the doctors. From doctors' strikes to constant demands for a counselling schedule, no stone was left unturned as the fight continued over a delayed counselling schedule.

The already overburdened doctors, as a result of the covid situation in India, could’ve received massive support with the addition of new doctors to the system were left frustrated as new doctors. However, due to the delay in NEET PG exam and it’s counselling, this could not happen and it left The doctors with no other option but to raise their voices so that their concerns could reach the hierarchy.

Owing to the increasing pressure on the government by the medical fraternity, on 03.01.2022 The Union Government had submitted a request for urgent listing of the matter in The Supreme Court.

After the government requested the Supreme Court, the matter was listed for urgent hearing on 5th January. After hearing the Arguments relating to the matter on 5th and 6th January, the court pronounced its judgment on 7th January in which it upheld the constitutional validity of 27% reservation for OBC in NEET-PG Counselling for 2022. Also, for the EWS category, the 10% will apply for this year and the prospective ruling will be decided on a final EWS hearing which is to be held on 03.03.2022.