SC to Center: NEET-MDS counselling will not start without approval

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The Supreme Court of India has on Monday asked the Centre to put the counseling for NEET-PG indefinitely until it determines the legitimacy of the Centre’s decision to bring OBC or EWS reservations in the All India Quota (AIQ). A bench composed of Justice DY Chandrachud said that the NEET-PG counseling process will not begin without their approval since the court is considering an appeal against the Centre’s decision to allow admission to medical admission. The Central government also assured the court that the counseling process will not begin until the bench has decided on the matter. ASG (ASG) KM Nataraj, representing the Centre and the government, provided assurances to the apex court and the court then incorporated this into its note. The court of supreme appeals had clarified that it was not stepping into the realm of policy, however, it is looking to determine whether constitutional principles were followed or not. The court is currently taking a look at a plethora of cases in opposition to the Centre and Medical Counselling Committee (MCC) Notice of July 29 offering a reservation of 27 percent in the Other Backward Class (OBC) and 10% for the EWS category of National Eligibility cum Entrance Test (NEET) admissions to medical schools.

Supreme Court:

On September 1st The Supreme Court agreed to hear students’ appeals against the notice of July 2 that reserved 27% for OBCs, 15% to EWS, and 15 percent for PG All seats in the India quota. (MBBS or BDS and MD MS / MS and MDS) beginning with the academic year that is currently running from 2021-22. On the 7th of October, the top courtroom asked the Centre regarding its decision to amend a limit of eight lakh rupees per year revenue to calculate the EWS class that is eligible for NEET admissions. The Centre then said that setting a limit of 8 lakh per year to students in the EWS classes is an issue of insurance which is based upon the National Cost of Living Index. On 17 September the top courtroom voted to hear a set of students’ pleas regarding the July 29 notice providing 27% reservations to OBC and 10% for EWS classes with 15 percent for UG and 50 percent PG All India Quota seats (MBBS/BDS and MD/MS/MDS) starting on the current training session in 2021-22.


This week, the supreme court asked the Center whether it would like to review the income threshold of 8 lakh, which is the amount used to decide the economically Weak Division (EWS) class to be reserved for NEET admissions to medical schools. The response from the Centre was made following an advocate senior to Arvind Dattar, who represented certain NEET applicants, said that once the court has decided on the pending group of petitions challenging the notification of July 29 which introduced the reservation at the beginning of this year’s academic calendar, the whole process of admission would be completed and a serious prejudice will be caused to students.

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