NEET PG Quota hearing deferred to January 2022, Counselling likely to Stay

According to a recent report by Livelaw, the recent postponement on the matter comes in view of the centre's decision to revisit the Rs 8 lakh annual income limit set for determining the Economically Weaker Sections (EWS). It will take a fresh decision within 4 weeks.

With this, the MBBS doctors, who were counting on the verdict by the Supreme Court on the OBC and EWS reservation policy, will now have to wait for another 4 weeks to get some clarity on the commencement of the PG medical admissions process for this academic year.

Around 1.6 lakh candidates had appeared for the NEET PG 2021 examination, which is the common entrance examination for securing admission to PG medical courses across India.

The top court was moved by a batch of pleas challenging the Centre and Medical Counselling Committee's (MCC) July 29th dated notification providing 27 per cent reservation for OBC and 10 per cent for EWS category for PG Medical admissions via NEET PG Counselling 2021. 

Even though the counselling in the 50 percent AIQ seats was set to commence from October 25, 2021, after the OBC and EWS reservation policy that was announced by the Central Government was questioned, the MCC had postponed the counselling dates.

The Central Government had assured the top court that till the matter concerning EWS quota gets resolved, no NEET PG counselling would be held. The bench of judges, including Justice DY Chandrachud and BV Nagarathna, had noted Centre's assurance and recorded that if the counselling process starts before the court takes a decision, the "students will be in a serious problem".

Earlier, on 21st October, the court had advised the Centre to revisit the limit of Rs 8 lakh annual income for determining the EWS category for reservation in medical admissions via NEET PG Counselling. On October 26, the Central Government had justified its decision regarding the matter as well. Further, the Ministry of Social Justice and Empowerment in an affidavit had said that the principle of fixing the amount is rational and in keeping with Articles 14, 15, and 16 of the Constitution.

It was decided that the matter would be heard on November 23, 2021, and the candidates were also hopeful that the dates for the counselling process would be released as well.

Also Read: NEET PG 2021 Counselling: Supreme Court hearing on OBC, EWS Quota Today

However, the matter was postponed to 25th November.

Read Also: Yet another delay: SC hearing on NEET PG quotas deferred once again, candidates cry foul

Now, as the matter was taken today, the Central Government told the Supreme Court that it has decided to revisit the Rupees 8 lakh annual income limit set for determining the EWS and will take a fresh decision within 4 weeks.

The Centre has further assured that the counselling for NEET admissions will be deferred for a further period of four weeks till a fresh decision is taken on EWS criteria, reports Livelaw.

The Solicitor General of India Tushar Mehta submitted before the Court, "In the matter I have instruction to say that the govt has decide to revisit the criteria. We will formulate a committee and take a fresh decision within 4 weeks. Till then the counselling shall remain stayed only. I give my assurance".

In response, the counsel appearing for the petitioners suggested that the implementation of the EWS could be postponed to the next academic year, as the admissions for this year are already delayed.

Taking note of the development, the bench of honourable Justice DY Chandrachud, the presiding judge asked the Solicitor General if this option could be explored. "Whatever you may want to do probably apply for the next year.. you see, we are in the middle of November", the bench asked.

On this, the counsel replied that it might be a difficult proposition as the Government wants to take steps as per the Constitutional Amendment providing for economic reservation.

The bench recorded in the order that the assurance given by the Centre regarding deferral of counselling will continue and posted the petitions for hearing on January 6, 2022.

The Solicitor General assured the bench that efforts will be taken to take a decision on EWS criteria as soon as possible.

As quoted by Livelaw, the order passed by the bench recorded as follows :

"The learned Solicitor General who appears on behalf of the Union of India along with ASG KM Nataraj state that the Government has taken a decision to revisit the criteria with regard to determining the Economically Weaker Sections in terms of the provisions of the explanation to Art 15 of the Constitution inserted by the 103rd Constitutional Amendment Act. The Solicitor General states that a period of 4 weeks would be required for this exercise and pending its conclusion, the date of counselling shall stand postponed. This is in view of the assurance which was made at a earlier stage. We direct for listing the hearing of the proceedings on January 6, 2021".

Advocate Vivek Singh pointed out to the bench that in a connected matter, in which he is being led by Senior Advocate Shyam Divan, the challenge is also with regards to reservation for 27% OBC. The bench told him that it has not expressed anything about OBC reservation till now.

Meanwhile, the doctors across the country have started urging the concerned authorities to expedite the matter. So far, doctors under the umbrella of the Federation of Resident Doctors' Association (FORDA) and Federation of All India Medical Association (FAIMA) have approached the Chief Justice of India and urged to expedite the hearing of the pending case. FAIMA had also launched a Twitter Storm supporting the cause and demanding expedition on the NEET PG counseling process.

Also Read: Supreme Court defers NEET PG Counselling 2021 hearing, Doctors launch Twitter storm demanding expedition