Thread by @barandbench

#SupremeCourt to shortly hear a plea seeking stay on amended reservation policy (27% OBC and 10% EWS in AIQ) and abolishment of the notice dated 29.07.21 vide which the amended policy was notified #NEET #Counselling @advocate_tanvi @indlawyer

BREAKING: SG Tushar Mehta: we will be revisiting the economically weaker section criteria reservation and take a call. Till then counselling will go on for the next four weeks.

Justice DY Chandrachud: the more we delay the admission the more it will drag. This is your call what to do with EWS then

SG: Should it continue then

DYC J: Then we will have to hear it

SG: I can take instructions

SC: We are in end of Nov and the session will begin end of February

SG: The option will be to go with the present criteria for this year, not that as its arbitrary

SC: Now that is the challenge before us.. now that you have only said it will be revisited.

SG: Deferring a constitutional amendment should be the last resort

SC: But that is only an enabling provision Solicitor

Justice Kant: EWS is a progressive reservation but the issue is how it can be implemented

Sr Adv Arvind Datar: the question was why is Rs 8 lakh a limit for the EWS category

SG: We are taking a call on this

Datar: Let them atleast report to court by December 12

DYC J: If they have to do something let them to do something reasonably and let them now do it properly. 4 weeks is not unreasonably wrong. i am only worried about medical admissions being postponed

SC: We can record your statement and give you four weeks and place it on reopening then (after winter vacations)

SC ORDER: SG Mehta who appears on behalf of UOI states that Centre 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 103rd amend act

SC ORDER: SG says 4 weeks were needed for this exercise. Pending this, date for counselling shall remain postponed. Date stands postponed in view of assurance which was made at an earlier stage. Accordingly let it be listed on January 6, 2022

Adv PA Wilson: Lawyer requests to appear via hybrid mode

SC: We will allow everything to make you appear. come and appear via hybrid mode.

Adv Apoorva Karol raises the issue of counselling being stalled.

Hearing over

#supremecourt #NEET #counselling #EWS #OBC