Centre fails to explain criteria to decide economically weaker section

The Centre failed to explain to the Supreme Court how it reached the figure of Rs 8 lakh annual income to identify economically weaker sections (EWS) for reservation in National Eligibility and Entrance Test (NEET) for admission to medical courses.

The court was hearing a batch of petitions filed by NEET aspirants challenging a July 29 notification by the Centre announcing 27 per cent quota to Other Backward Class (OBC) and 10 per cent reservation to EWS in the All-India Quota category. The Bench, hearing the cases, comprises Justices D Y Chandrachud, Vikram Nath and B V Nagarathna.

Even after two weeks, the Centre failed to state the criteria for arriving at the Rs 8 lakh annual income to be identified as EWS.

During the hearing yesterday, Justice Chandrachud told the Additonal Solicitor General K M Nataraj that there should be some demographic, sociological or socio-economic data to arrive at that decision and that decision on Rs 8 lakh cannot be pulled out of thin air. He pointed out that the OBC), who are below Rs 8 lakh slab, suffer from social and educational backwardness and under the Constitutional scheme, EWS are not socially or educationally backward.

The Judge said that that though the EWS criteria is a policy decision, the Court is entitled to know the reasons behind the policy decision, for it to decide its constitutional validity.

The Bench warned that the Court could stay the decision on EWS, (if there is no explanation).

The Bench sought to know whether the Centre undertook any exercise to arrive at the criteria to determine EWS and if so, whether it is based on Sinho commission report. If so, place the report on record.

The Court observed that the income limit for determining creamy layer in OBC and EWS is the same, that is Rs 8 lakhs annual income. In the OBC category, the economically advanced category is excluded as social backwardness diminishes. In such a scenario, whether it would be arbitrary to provide similar income limit for EWS and OBC, as EWS has no concept of social and economic backwardness.

The Bench further asked whether difference in rural and urban purchasing power has been accounted for while deriving this limit; On what basis asset exception has been arrived at and has any exercise been undertaken for the same and the reason why residential flat criteria doesn't differentiate between metropolitan and non-metropolitan area.