Thread by @LawBeatInd

#SupremeCourt to hear NEET EWS quota case, A bench led by Justice DY Chandrachud will decide on criterion of EWS quota for admissions which caps annual income at 8 lacs. #neetpg2021counselling #NEETPG #ResidentDoctors

The Central Government recently informed the Supreme Court that a threshold of Rs 8 lakhs of annual family income, in the current situation is reasonable for determining EWS.
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SG Tushar Mehta- It is only because of your Lordships intervention that this exercise was undertaken, my affidavit was filed on 31 Dec 2021, at this stage whatever is relevant to assit, the central government had appointed a 3 member committee

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Senior Advocate Shyam Divan mentioning that your Lordships may hear us, as this was part heard before another bench. I'm not insisting on constitution of a bench, but we had argued at fullest.

Mehta- I'm concentrating on EWS only

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Senior Adv Arvind P Datar appearing for petitioner submits we have alot to say, they have concluded at 8 Lakhs.
Entire Counseling has been stayed, 22 -2023 Counseling has been announced, for the last Counseling let the old system prevail
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Sinor ADV P Wilson- We object to it, reservation to OBCs cannot be taken away.

Divan- If this is the case let us all argue.

Justice Chandrachud- One Second

Mehta- It is very unfair Milords.

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Justice Chandrachud- Mr Solicitor, we had said that you'll revisit the criteria, if we are sitting in this combination we'll have to give opportunity to Mr Datar and Mr Divan and then we can hear you tomorrow.
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SG Mehta- We as a government at the earnest, the notification EWS quota is since 2019, this has been implemented throughout the country, we are at a stage that counselling is struck, we need Doctors, society cannot right now go into lengthy arguments.
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Mehta-
Let us go ahead with the counselling, then we can decide. The Court can then hear the matter and we'll continue.
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Divan- I have to say that, The rules of the game cannot be changed once the game has begun, I'm in your Lordships hand whatever you lordship thinks feasible.

Justice Chandrachud- Mr Divan Its 3:10 can you conclude by 4 so that the Counseling can start.

Datar- By counselling do they mean that they will make admissions on that basis?

Justice Chandrachud- We'll hear you,

Datar- Mr Divan may start
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Divan starts making submissions in connection to the notification of 24 September 2021

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Divan- I'm focusing on OBC 27%, Mr Datar will focus on EWS.

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Divan referring to written submissions by the petitioners,
My broad submissions are
-Once the academic year has commenced, which scheme can change.
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Divan adds,
- This is a carved out AIQ by the supreme court, various are involved, any variation ought to be done by an appropriate application before this court and not an order.
Rules of the game cannot be chaged belatedly.

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Scheduled examination was 2021, then was postponed by 4 months, new date of examination was 11 Sep, and then results were declared 28th September 2021, impugned announcement comes after the notification on 29th July 2021, published after 5 months after process started, Divan adds

Divan in this regards submitted that "Hence, Why should there be changes once the game has begun."
Divan referring to Judgments, in the case of Pradeep Jain.

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Divan submitting from his written submissions, now there is right pursuant to you lordships judgment in the case of Pradeep Jain.

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Divan- Merely having an order, is not the right way to go about it, it cannot nullify the order of this court.

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Divan- Any change in the current scheme cannot be made by anyone except this court.

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Divan- In many situation which we are now looking at, the super speciality is the end of the road in many departments, this is also applied to the Post Graduate.
I'm very thankful for the hearing.

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Datar starts submissions stating that my submissions will be around why this Counseling cannot go on with the current scheem of reservation.

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Datar- This particular criteria is applied all across India, this will apply to all institutions, without any study.
This office memorandum...

Justice Chandrachud- Where it is implemented, what are the courses.

Datar- As far as not, it is not implemented in my knowledge.

ASG Nataraj- It has been implemented in many states.

Datar- The basis for 8 Lakhs, is completely arbitrary, there justification is that the amount goes upto 8 Lakhs in view of various deductions.

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Datar: This figure does not work out, there is not explanation to it.
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Datar submitting from the additional written submissions.
Justice Chandrachud- The chart given to us doesn't include annexure.

Datar- I can submit on it tomorrow.
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Wilson: Milords, I can be heard.

Counsel- Interveners are also patiently waiting for their turn.

Justice Chandrachud- We have 15 matters tomorrow which are fresh and we can take this up after fresh matters are over.

Divan- The first 4 petitioners appeared in this exam and other 2 will appear in 2022, I just wanted to mention that.

SG Mehta- Written submissions may be submitted if anyone wants to.

Justice Chandrachud- Ok
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Court to take up the matter tomorrow.

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