SC seek replies from Centre, MCC on plea against decision to provide quota for OBCs and EWS in NEET

A bench of justices D Y Chandrachud and B V Nagarathna issued notice and sought replies from the Centre and Medical Counselling Committee (MCC) on a plea filed by eight petitioners, including those who would be appearing in the National Eligibility cum Entrance Test (NEET) postgraduate exams. 

The bench tagged the plea with pending petitions on similar issue. 

The fresh plea, filed through advocate Vivek Singh, has said that a notice was issued on July 29 stating that it has been decided to provide 27 per cent reservation for OBC and 10 per cent for EWS in the all India quota for undergraduate and postgraduate medical and dental courses for the academic session 2021-22. 

Seeking quashing of the notice, the plea alleged that the attempt to provide for reservation in 50 per cent all India quota seats in PG medical course is “clearly contrary” to the law laid down by the apex court earlier. 

“It is submitted that the General category students applying for post graduate medical courses are being reduced to a miniscule minority,” it said, adding that number of seats for PG medical courses are limited and providing seats based on reservation is “denial of opportunity to meritorious candidates”. 

On September 6, the top court had issued notices on similar petitions. 

One of the petitions had said that the petitioners and similarly affected candidates were shocked to note that the committee vide the impugned notice had resolved to implement 27 per cent OBC reservation and 10 per cent EWS reservation in 15 per cent UG and 50 per cent PG All India Quota seats (MBBS/BDS and MD/MS/MDS) with effect from current academic session 2021-22. The petitioners had sought quashing of the July 29 notice which provided for implementation of the prescribed reservation criteria with effect from academic session 2021-22. They had said that as per the reservation policy, the overall reservation in 15 per cent UG and 50 per cent PG All India Quota seats would be -- SC - 15 per cent, ST - 7.5 per cent, OBC- (non-creamy layer) as per the Central OBC list - 27 per cent, Economically Weaker Section - as per Central Government norms - 10 per cent and persons with disability-5 per cent horizontal reservation as per norms. On July 29, the Centre had decided to provide 27 percent reservation for OBCs and 10 per cent reservation for EWS in the all India Quota scheme for undergraduate and postgraduate medical/dental courses (MBBS /MD/MS/Diploma/BDS /MDS).