December3 , 2021

On Economically Weaker Section Quota, Centra To Review Key Criterion



The court docket has given the Centre a month and the following listening to can be on January 6.

New Delhi:

The standards to find out the Economically Weaker Sections for reservation in medical research can be reconsidered, the Centre instructed the Supreme Court right this moment throughout the listening to of a petition difficult its determination to implement EWS reservation within the all-India quota. The present revenue restrict for the Economically Weaker Sections is lower than Rs 8 lakh each year and the Centre has sought 4 weeks to rethink the difficulty. Till then, there can be no counseling for NEET All India Quota, mentioned Solicitor General Tushar Mehta, representing the Centre.

The court docket has given the Centre a month’s time and the following listening to of the case can be held on January 6.

The determination to assessment the matter got here after the court docket not too long ago questioned the Centre on its foundation of fixing an annual of Rs 8 lakh for the Economically Weaker Sections class, which is similar for figuring out the creamy layer for OBCs.

During a listening to on October 21, the highest court docket had raised questions and at one level, the judges even warned that they might put the EWS notification on maintain.

The court docket had questioned the federal government if there was any foundation for the Rs 8 lakh ceiling. The court docket requested if there was any social, regional or every other survey or knowledge that indicated that Other Backward Classes who’re within the revenue group of lower than Rs 8 lakh each year are socially and educationally backward.

“You must have some demographic or social or socio-economic data. You can’t just pluck the 8 million figure out of thin air,” Justice DY Chandrachud mentioned.

“You are making the unequal equal by imposing a limit of Rs 8 lakh. In OBCs, people with income less than 8 lakhs suffer from social and educational backwardness. Under the constitutional scheme, EWS are not socially and educationally backward. This is a policy matter but the court is entitled to know the reasons adopted for arriving at the policy decision in order to determine its constitutionality,” Justice DY Chandrachud mentioned.

The bench of Justices DY Chandrachud, Surya Kant, and Vikram Nath had additionally questioned how the identical revenue standards could possibly be utilized throughout the nation.  “How can a person’s earning in a small town or village be equated with those earning the same income in a metro city?” the court docket requested.

The petitioners had argued that per capita revenue of states is completely different and making use of the identical standards will not be affordable. Even House Rent Allowance given to a authorities worker is just not identical and relies on place of posting and instructed that revenue standards for EWS reservation needs to be linked to price of dwelling of a spot as a substitute of creating it uniform throughout the nation.

The Centre, nonetheless, had justified its determination, arguing that the precept of fixing the quantity is rational and consistent with Articles 14, 15 and 16 of the Constitution.