How did you decide the scale of 8 lakh income for EWS quota, the question of the Supreme Court to the Central Government

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New Delhi
The Supreme Court questioned the central government as to what exercise it has done for the criterion fixed for income less than Rs 8 lakh per annum to be declared as Economically Weaker Section (EWS). The Supreme Court has asked the Center to explain what is the basis behind the criteria that have been set.

Affidavit not yet filed – Supreme CourtThe Supreme Court said that during the last hearing, we had asked the Central Government to file an affidavit in this matter but it has not been filed yet and expressed displeasure over this matter. We postpone the notification, during this time you should file your affidavit. Then the Solicitor General said that the notification should not be stayed, we will file an affidavit in two-three days. The Supreme Court has adjourned the hearing to October 28.

Challenging the decision of the Central Government in the Supreme CourtThe Supreme Court had issued a notice to the Central Government on a petition challenging the decision of the Central Government to give reservation to OBC and EWS category students in NEET admission. The Central Government, by issuing a notification on July 29, has decided to give 27 percent reservation to OBCs and 10 percent to economically weaker students under All India Quota in the NEET exam to be held for admission to medical courses. The decision of the Central Government has been challenged in the Supreme Court.

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The Supreme Court said, what is the basis behind this?A bench headed by Justice DY Chandrachud of the Supreme Court said that what is the basis behind the income criterion fixed by the Center for EWS at Rs 8 lakh. What was the exercise for this? In OBC Reservation, the Criteria of Rs 8 lakh is fixed for the creamy layer, have you set the same criteria for EWS as well, while the people of EWS category are not socially and educationally backward. There should be demographic or social or socioeconomic data.

expressed displeasure at the central governmentThe criterion for income of Rs 8 lakh cannot be fixed in one sided wind. This limit is of unequal equality. In the criteria set for the creamy layer of OBC, it has to be seen that they are educationally and socially backward but the people of EWS category are not educationally and socially backward. The Supreme Court said that it is of the view that this matter is policy and setting the parameters is a policy decision but it should be on the constitutional basis. You were asked to reply in two weeks but the Center did not file a reply as to what exercise was done to fix the criteria. In such a situation, we stop the notification and during this time you will file a reply.

Solicitor General requested the court On this Solicitor General Tushar Mehta said that you do not stay on the notification, we will file an affidavit. The draft is ready and we will file a reply in two to three days. The Supreme Court said that we are not interfering in the policy matter, but we want to clarify what is the constitutional principle behind setting the parameters for EWS category. What criteria were adopted for this? Is it not arbitrary to fix the parameter of Rs 8 lakh on the basis of OBC creamy layer? There is a similar criterion for urban and rural and then metro city right? The Supreme Court has adjourned the hearing to October 28.

[Attribution to NBT]

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