• The Centre has told the Supreme Court that the Rs 8 lakh income criteria for determining the Economical Weaker Section (EWS) is much more stringent than the one for the OBC creamy layer.  

• The government has accepted the report of a three-member panel constituted to revisit the EWS criteria.

• The report of the panel has been submitted to the top court which is hearing a batch of pleas of students challenging the decision of the government to implement EWS quota in NEET-PG admissions from the current academic year. 

• The panel said that the EWS criteria relates to the financial year prior to the year of application whereas the income criterion for the creamy layer in the Other Backward Classes (OBC) category is applicable to gross annual income for three consecutive years.  

• The committee concluded that the two sets of criteria are significantly different despite both using the Rs 8 lakh cut-off and that the criteria for the EWS are much more stringent than those for the OBC creamy layer.  

What is the case about?

• The SC was hearing a batch of pleas challenging the Centre and Medical Counselling Committee (MCC) July 29 notice providing 27 per cent reservation for Other Backward Class (OBC) and 10 per cent for EWS category in the National Eligibility cum Entrance Test (NEET) admissions for medical courses.

• The top court asked whether any exercise was undertaken before fixing a limit of Rs 8 lakh annual income for determining the EWS category.

• It asked whether Major Gen (retd) SR Sinho Commission Report of 2010 was considered before ascertaining the criteria. Major Gen (retd) SR Sinho Commission was constituted by the UPA government in 2010 and has recommended welfare measures for the EWS category.

• The Centre had said that the Commission’s report was one of the basis for determining the criteria but after that several deliberations were held and other factors were also taken into account.

Constitutional provisions

• Article 15(4): Empowers the government to make special provisions for advancement of backward classes.

• Article 16(4): Makes a provision for the reservation of appointments or posts in favour of any backward class of citizens. 

• Article 46: Promotes the educational and economic interests of SCs, STs and other weaker sections of society and protects them from social injustice and exploitation.

• In order to provide benefits to students belonging to the EWS category in admission to higher educational institutions, a Constitutional amendment was made in January 2019, which enabled the provision of 10 per cent reservation for the category.

• In January 2019, the Parliament cleared the Constitution (One Hundred And Twenty-Fourth Amendment) Bill, 2019 and it was signed by President Ram Nath Kovind and became the Constitution (One Hundred and Third Amendment) Act, 2019.

• New clause 6 was inserted in Article 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth).

• New clause 6 was inserted in Article 16 (Equality of opportunity in matters of public employment).

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