The Center on Tuesday explained the decision to impose a maximum annual income of Rs 8 lakh to define the Economically Weak Section (EWS) category for quota in NEET admissions for medical courses before the Supreme Court.
The Center on Tuesday upheld the decision of the Supreme Court to fix an annual income limit of Rs 8 lakh for setting up an economically weaker section (EWS) department for reservation in NEET admissions for medical courses. In an affidavit filed by the Ministry of Social Justice and Empowerment in the apex court, it said that the policy of quantification was reasonable and in accordance with Articles 14, 15 and 16 of the Constitution.
“The practice of determining the creamy layer for the purpose of preserving OBC will be equally applicable to determining the EWS category because the basic premise is that if an individual / his family has sufficient financial position, he may not need it.
“It is reiterated that even the Major General Sinho Commission has suggested that” extending the existing criteria for identifying ‘creamy layer’ among OBCs may serve as a criterion for setting upper limits or identifying EBC families within the general category. ” It has been said in the affidavit.
The Major General (Retd.) SR Sinho Commission was formed by the UPA government in 2010 and it recommended welfare measures for the EWS department. The ministry further said that the criteria for determining the EWS division was taken after proper discussions with all the concerned stakeholders.
“Even though the Office Memorandum dated January 17, 2019 existed in the context of identification of the Economically Backward Classes (EBC), the government formed the Major General Sinho Commission in 2005. Concluded that could serve as a basis for determining the upper limit or as a criterion for identifying ABC families within the general category. ” May be amended from time to time) they may be identified as ABC, ”the affidavit said.
The Center has submitted that the income tax limit of Rs 1 lakh has been increased from time to time on the basis of cost of living and now it stands at Rs 8 lakh per annum.
“In 2016, for OBCs, the high-income threshold for setting creamy layer was Rs 6 lakh per annum. To maintain the same, it was adjusted to Rs 8 lakh on the basis of Consumer Price Index. , The factor was 1.36. So to maintain the same standard of living, the income limit of Rs.
“Once such an exercise has already been completed, the Government of India has adopted the same financial criteria. This is not the sole basis for the report of the Major General Sinho Commission, “the affidavit said.
The Ministry submitted that in the context of the Office Memorandum dated January 17, 2019, the EWS department determination is not additional and does not need to be interfered with.
“The income criteria of Rs 800,000 is based on the detailed criteria in the affidavit after considering the OBC’s creamy layer determination criteria. Even the Major General Sinho Commission has acknowledged that the same test can be done. You have to apply for EWS. To pay more checks.” In order to ensure that only Article 15 (6) and Section 16 (6) have the benefit of preservation, further omissions have been made in the Office Memorandum dated January 17, 2019, “the affidavit said.
The Center on Monday assured the apex court that the NEET-PG counseling process would not start till the apex court decides on the challenge of reserving 27 per cent for OBCs and 10 per cent for EWS department (MBBS / BDS) and MD / MS / in PG All India quota seats. MDS) from the current academic session.
On October 21, the apex court asked the Center whether it wanted to reconsider the annual income limit of Rs.
The apex court made it clear that it was not entering the domain of policy but was merely trying to ensure that constitutional principles were complied with.
The apex court was hearing a batch of appeals challenging the Center and the Medical Counseling Committee (MCC) on July 29, which granted 27 per cent reservation for Other Backward Classes (OBCs) and 10 per cent for the EWS category in the National Eligibility Cum Entrance Test (NEET). ) Admission for medical course.