The counselling must begin in "national interest", Supreme Court said today
The Supreme Court has allowed counselling for those who have qualified the National Eligibility-cum-Entrance Test (NEET) for post-graduate medical courses. In an interim order today, the top court said that the counselling must begin in “national interest”.
The counselling was scheduled to begin last October but was delayed after several petitions were filed against a government notification announcing the reservation of seats for OBC and EWS candidates. The matter dragged on for four months, during which the counselling remained suspended.
Because of this, almost 45,000 junior doctors were not admitted last year, overburdening those already attending to patients in the pandemic. The shortage resulted in some doctors working nearly 80 hours a week - and now as the third wave sweeps the country, many of them are testing positive.
What Triggered The Controversy?
Last July, the government announced through a notification that candidates from OBC and EBC categories will be eligible for 27 per cent and 10 per cent reservations, respectively. Several petitions were immediately filed to challenge the move and the admission process (counselling) was halted.
The Centre's move to limit Extremely Weaker Section (EWS) at Rs 8 lakh annual income became a sticking point for those opposing the move. They claimed the figure was not backed by any study or research. Candidates who fell into the EWS category, however, supported it.
What Did The Centre Tell The Court?
The government told the Supreme Court in October that it will not start the counselling process till the court decided on the challenge to its notification in connection with the PG All India Quota seats. The counselling, then scheduled from October 25, was put on hold indefinitely.
In an affidavit submitted before the court, the government also said that it accepted the recommendations of a three-member panel to define the EWS limit at gross family income of Rs 8 lakh or less. It added that the panel recommended that family income is a "feasible criterion" for defining the EWS category.
The government has also contended that the Rs 8 lakh income criterion was consistent with Articles 14, 15 and 16 of the Constitution. It added that the decision was arrived at after due deliberation by the Ministry of Social Justice and Empowerment.
Why Were Resident Doctors Protesting?
Resident doctors in several states, including Delhi, came out on the streets to express their displeasure at the delay in the counselling process. While some students reasoned that introducing the quota would impact their chance to become medical professionals, others said that not admitting new juniors was burdening them with work. The Delhi protest was spearheaded by the Federation of Resident Doctors Association (FORDA).
The resident doctors wanted expeditious disposal of the petitions being heard in the Supreme Court as Covid-19 cases had begun to rise. They feared more hands would be needed to attend to patients when the third wave hits. On January 3, the Centre too urged for expediting the hearing. The resident doctors called off their 14-day-long protest after a meeting with Health Minister Mansukh Mandaviya and Delhi Police, FORDA said.
The Final Arguments
On Thursday, the Supreme Court began hearing the final arguments from both sides. Senior advocate Arvind Datar, appearing for the students, said if the court intended to allow EWS reservation, it should be limited to Rs 2.5 lakh annual income. Appearing for the government, Solicitor General Tushar Mehta said the revised criterion for EWS income would not “change the rules of the game” and students need not fear it.
On Friday, announcing the interim order, the bench of Justice DY Chandrachud and Justice AS Bopanna said, “We have been hearing this matter for two days, we must start counselling in the national interest." The bench set March 5 as the date for a detailed hearing on the validity of the Rs 8 lakh income criterion for future admissions.
What Is NEET-PG?
It is a qualifying exam for medical students who wish to study Doctor of Medicine (MD) or Master of Surgery (MS) and diploma courses in government or private medical colleges in the country.