The Supreme Court on Thursday expressed dissatisfaction at the Central government’s inaction to file an affidavit on how it arrived to adopt the criteria of Rs 8 lakh as the eligible annual income of a family towards determining eligibility for Economically Weaker Section (EWS) reservation in NEET-All India Quota.
The bench presided by Justice D.Y. Chandrachud, Justice Vikram Nath and Justice B.V. Nagaratha has sought answers for 8 issues it has flagged within the next 2 weeks:
a. Whether the Centre undertook any exercise before arriving at the criteria to determine EWS.
b. If the Report of Sinho Commission was considered, a copy of the same should be filed.
c. Whether the income limit for determining creamy layer in OBC and EWS is the same as Rs 8 lakh.
d. Whether it would be arbitrary to provide a similar income limit for EWS and OBC as EWS has no concept of social and educational backwardness.
e. Whether the difference in rural and urban purchasing power has been accounted for while deriving this limit.
f. On what basis asset exception has been arrived at and has any exercise been undertaken pertaining to families having income less than Rs 8 lakh PA.
g. Reason why residential flat criteria don’t differentiate b/w metropolitan and non-metropolitan area.
h. Has GDP been taken into account?
“It would be necessary for the Centre to disclose before the court the nature of exercise undertaken in accordance with Article 15(2). We make it clear that we are not entering the area of policy but need the disclosure for adhering to constitutional principles,” the bench observed.
Similar to what had happened on an earlier date, the bench posed the same question as to how the same criteria can be adopted for OBC and EWS categories when the latter has no social and educational backwardness. The bench expressed that though the AIQ is a policy matter, the court is entitled to know the reasons behind the questioned policy to determine its constitutionality.
The bench against the activity of the Centre to notify EWS criteria on a uniform basis across the country further pointed out that, as per Articles 15(6) and 16(6), and as explained in 103rd Constitution amendment, the EWS “shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage”.
ASG K.M. Nataraj, appearing on behalf of the Centre, submitted that as far as EWS is concerned apropos the rule of game-changing in middle, there are a few circumstances; Article 15 and increase of seats for 2019 which haven’t been given to the real beneficiary, EWS has been implemented in all Central institutions i.e. for UG in 2019 and for PG in 2020.
Justice Nagarathna iterated, “Have you implemented a notification in those cases also regarding implementation of Rs 8 lakh. What was the benchmark then?”
ASG Nataraj submitted that earlier in 2017, it was Rs 6 lakh. Now it’s 8 lakh. But in MDS AIQ, we will apply it from this year only, he said.
The ASG, however, upon a question posed by the bench regarding the application of mind behind the said notification, stated that he needs time to seek instructions from the Ministry of Social Welfare and the Department of Personnel and Training since the same were arrayed as a party recently and only Ministry of Health and Family Welfare was arrayed originally. The next date of hearing is October 28.