Thread by @barandbench

NEET PG Counselling

#SupremeCourt to hear the NEET EWS quota case today. Justice DY Chandrachud led bench is slated to hear Centre regarding feasibility of Rs 8 lakh limit for the EWS quota

#NeetPGcounselling2021 #EWS

The government has submitted a report which pleads the case for keeping the limit unchanged as most of the candidates who avail of the facility have a family of income Rs 5 lakh and below

barandbench.com/news/neet-pg-a…

The two-judge bench is also expected to take a call on the NEET PG Counselling which is currently yet to start due to the pendency of these proceedings.

Resident doctors across the country have been protesting to start the counselling process.

The matter is expected to be taken up post 10.30 am #NeetPGcounselling2021 #SupremeCourt @indlawyer @advocate_tanvi

Court is hearing item 15. #NeetPGcounselling2021 is item 26

#SupremeCourt

Bench to assemble at 1.30 pm after lunch break.
#SupremeCourt

Matter to be taken up now #neetpg2021counselling

SG Tushar Mehta: I must say that it is only because of your intervention that this exercise was undertaken and you were correct that it was required

#neetpg2021counselling

SG: Centre appointed a 3 member committee to check the feasibility of the Rs 8 lakh limit for EWS category

Sr Adv Shyam Divan: Will your lordships like to hear us in this bench composition also?

DYC J: This week is a miscellaneous week and thus special bench couldn't be constituted. But since SG mentioned it due to the urgency it was listed before us

Divan: It was noted that this case was noted as part heard as we had fully argued and written submissions filed

SG: I am only on EWS

Sr Adv Arvind Datar: they are justifying the 8 lakhs limit for EWS and we have much to say about this. after the amendment notification was issued. the first Q here was whether an exercise was undertaken and there was no exercise this means

Divan: We had also prayed to stay the OBC reservation issue.

Datar: entire counselling is stopped, for this year the at least let the counselling carry on with the old system

Sr Adv P Wilson: My friend cannot say OBC reservation cannot be given. Court has upheld it too. Reservation was granted at central level.

Divan: we can argue then.

Wilson: you have argued..

Divan: not before this bench

SG Mehta: this is very unfair my lord

Judges discuss

#neetpg2021counselling

DYC J: On Nov 25 you told us that you will revisit the criteria and now you have revisited the criteria. now in this bench composition we have to hear Mr Divan and Mr Datar, so today if they conclude then we can hear you tomorrow in response #neetpg2021counselling

SG: Now there is a judicial adjudication as far as OBC is concerned. Govt is earnestly requesting that we will not accept a position that poorest of poor or obc is deprived of what is legitimately due to them. They have come to SC now even when notification was out in Jan 2019

SG: Counselling is stuck and its from Graduation to post graduation. we need doctors and their concerns are genuine. as a society we cannot go into lengthy arguments now. we said we will revisit and the report has been submitted now.

SG: The report needs to bee seen in the light of the conscience is whether poorest of poor is covered. Let us proceed with counselling and we can assist the court in great detail.

SG: we are in a situation which we did not apprehend. We are responding to the bonafide requests of the resident doctors.

SC: What is Mr Divan and Mr Datar saying to this?

Divan: we are saying you cannot change the rules of game when the game has begun

DYC J: Can you conclude the point on counselling by 3.30 pm then Mr Datar can argue

Datar: there are 2 difficulties for the counselling. if the counselling is done based on report then our plea is dismissed at the threshold.

SC: wrap up between you and Mr Divan by 4 pm

Sr Adv Anand Grover appears for United Doctors Association: Give me some time tomorrow

Sr Adv Divan begins submissions

Divan: Please see the order of this court on September, 2020. First SLP was taken up. We had challenged the notification.

#neetpg2021counselling

Sr Adv Divan now refers to the writ petition

Divan: Plea cited urgent need of the NEET PG students where centre had decided to implement the 27 percent obc and 10 percent ews in All India Quota, with SC and ST as 15 and 7.5 percent respectively

#neetpg2021counselling

Divan: I will be focussing on the OBC aspect.

Divan: All India Quota was implemented upon directions of the Supreme Court. It consists of 15 percent of total UG seats and 50 percent in total UG seats as available in govt medical colleges

#neetpg2021counselling

Divan: my argument is this OBC reservation cannot be implemented for this year. This All India Quota can be altered only after making application to this court. Should there be any variation it can only be done after this court orders and not by executive decision

Divan: Rules of the game cannot be changed belatedly. Info brochure for NEET PG was released on Feb 23, 2021 and registration commenced on that date. last date of registration was March 23, 2021. rules cannot be changed surely after this. Then it was postponed by 4 months

Divan: New date was September 11, 2021. So the new announcement was in July 2021. Impugned notice dated July 29, 2021 was after 5 months exam process began and thus changed rules of game and took away 2500 seats meant for open category

Divan: This case (Pradeep Jain's ) was concerned with regards to domiciliary seats which we have cited. this 50 percent gets cemented by a constitution bench judgment

Divan: An executive order cannot nullify a judgment of this court..this right is recognised and created by this court which is a facet of Article 14

Divan: In many situations the PG course is often end of the road and super speciality is end of the road for many departments. thus such changes cannot be applied here by the executive action. thank you for the patient hearing

Sr Adv Arvind Datar begins submissions on EWS

Datar: If you see explanation to Article 15(5) came in Jan 14 2019. office memorandum came in Jan 17, 2019.

#NeetPGcounselling2021

Datar: In span of three says the criterial of 8 lakh was announced for EWS with property criteria. unlike the backward classes committee where discussions which was held with states and experts here there was no such discussion undertaken. #NeetPGcounselling2021

Datar: present report justifies this but there was no study at all. all will be affected by this quota and it was done just without any study

SC: Where has this been implemented in educational colleges?

Datar: report says only for IAS, IPS officers

SC: Not IIT JEE?

ASG KM Natraj: it was implemented in central educational institutions long back.

Datar: basis for 8 lakhs is just not there

Datar: If someone has money to invest in Fds, provident fund and makes capital gains in share markets, can they be called EWS? #neetpg2021counselling

Datar: can we continue tomorrow?

DYC J: How long will you take?

Datar: maximum 30 minutes

P Wilson: please hear the voice of OBC too

SC: we will hear the voice of reason Mr Wilson

SC: We have 15 fresh matters tomorrow. so we can start after they are all over. all of them wont take more than 30 to 45 minutes.

#SupremeCourt to resume the matter tomorrow after the bench wraps up fresh matters listed.
#NeetPGcounselling2021