SC’s question to the government; How to fix a uniform income limit of 8 lakhs for EWS and OBC?


The Supreme Court has sought a response from the Central Government on the condition imposed for availing the facility of reservation in EWS quota in All India Quota of Medical Test NEET, annual income of Rs.8 lakh. A bench of Justice DY Chandrachud and Justice BV Nagarathna told the government that there is a basis for this income limit of Rs 8 lakh or the government has made this criterion by simply lifting it out of the air. Court asked how OBC can be kept with EWS?

The court said that you will have demographic, social and socioeconomic data. How did you set the income limit of Rs 8 lakh?, You are equating non par. OBCs whose income is less than Rs.8 lakh are socially and educationally backward, but EWS are not educationally and socially backward in the constitutional scheme. The court said that it believes that EWS is a policy matter of the government, but the court has the right to know how the government arrived at this decision of the limit of eight lakh rupees. There was an occasion when the court was going to postpone this notification, but the ASG requested that the government will present the data in this regard and the affidavit will be presented in two-three days.

It is noteworthy that the next hearing of this case will be on October 28. The court is hearing the petitions of NEET candidates against the notification of 10 per cent reservation for EWS category in All India quota of NEET and 27 per cent for OBCs.

court questions


– Did the government do any study to decide the EWS category?
– If so, was it decided on the basis of the Sinho Commission’s standards?
Was urban and rural purchasing power taken into account while fixing this limit?
– Was any study done when determining the exception to the property?
Why are residential flats not differentiated between metro cities and non-metro cities on standard?

The court said that the income limit of Rs 8 lakh for EWS and OBC is the same, but the backwardness gets reduced if the income of OBC is more than Rs 8 lakh. In such a situation, wouldn’t it be arbitrary to keep an income limit of Rs.8 lakh for EWS and OBC even when there is no social and educationally backward concept in EWS?



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