[NEET PG 2022] Plea in Supreme Court says EWS reservation should be subject to outcome of case in SC

A plea has been filed before the Supreme Court stating that the ₹8 lakh cut-off for inclusion in the Economically Weaker Sections (EWS) criteria cannot be implemented for National Eligibility cum Entrance Test post graduate exam 2022-23 (NEET PG 2022) since the EWS issue is pending before the top court and would be taken up for hearing in March, this year. .The petition said that since the determination of EWS criteria for 2022-23 is sub judice in Dr. Neil Aurelio Nunes & Ors. Vs. National Board of Examination & Ors matter, the same criteria cannot be applicable to this academic year unless the issue is decided by the apex court.The plea, therefore, stated that a direction should be issued stating that EWS reservation in All India Quota (AIQ) medical seats for this year would be subject to the decision of the Supreme Court in the Dr. Neil Aurelio Nunes & Ors. Vs. National Board of Examination & Ors case pending before it.In this regard, the plea filed through advocate Charu Mathur and Dubey Law Associates sought modification of the Information Bulletin for NEET-PG 2022-23 issued by the National Board Examination (NBE). "Direct the Respondent No. 1 (NBE) to specify in the Information Bulletin that the criteria for EWS for academic session 2022-23 will be decided in terms of the decision of this Hon’ble Court in the matter of Dr. Neil Nunes & Ors. Vs. Union of India & Ors. [W.P. (C) No. 961 of 2021] and implement the final decision of this Hon’ble Court in Dr. Neil Nunes (supra) for NEET-PG 2022-23," the petitioner prayed..The Supreme Court had by way of a judgment delivered on January 20 in Dr. Neil Aurelio Nunes case, upheld the 27 percent quota for Other Backward Classes (OBC) in NEET All India Quota (AIQ) seats in State government medical institutionsHowever, it had said that the validity of criteria for determining EWS quota will be heard at length by the Court later in March this year.The Bench at the same time had given green signal for the holding counselling for NEET PG for the year 2021 as per the ₹8 lakh limit of EWS. This was in view of the fact that the counselling and admissions had already been delayed due to COVID-19 and due to the case before the Supreme Court.The verdict had come on a petition challenging reservation for OBC and EWS introduced by the Central government in the AIQ seats in State government medical institutions..The present petition filed by Dr. Varun Dileepbhai Bhatt has challenged clause 8.26 of the Information Bulletin which provides that there can be no change in category after registration for the exam. The petitioners have prayed for allowing category change even after registration subject to the final outcome in Dr. Neil Nunes..Pursuant to the Dr. Neil Aurelio Nunes case, Central government had constituted a committee to revisit the EWS criteria.The committee in its report had made the following suggestions with respect to the criteria:- The current gross annual family income limit for EWS of ₹8 lakh or less may be retained. In other words only those families who annual income is upto ₹8 lakh would be eligible to get the benefit of EWS reservation. The definition of ‘family’ and income would remain same as those in the OM dated 17 th January 2019.- EWS may, however exclude, irrespective of income, a person whose family has 5 acres of agricultural land and above.- The residential asset criteria may altogether be removed.The EWS case is expected to be heard by the apex court next month.