SC: How can a taxpayer be EW?

Central government on Wednesday defended before the Supreme Court its decision to fix `8 lakh annual income ceiling for admission in post graduate and undergraduate medical courses for 10% seats reserved for economically weaker section of society under all India quota seats. The apex court questioned the Centre on how persons paying income-tax or making investments in stockmarket be treated as belonging to EWS category.

Questioning the government’s decision to categorise people having an annual income of `8 lakh as economically weaker and eligible for admission under EWS reservation, a bench comprising Justice D.Y. Chandrachud and Justice A.S. Bopanna was told how the government has arrived at the income ceiling of `8 lakh and if there were any studies justifying and backing it.

On Wednesday’s hearing, which will continue on Thursday as well, Solicitor General Tushar Mehta, referring to the reports of three senior government officials including a former finance secretary that has endorsed the government decision on income ceiling, said that the poorest of the poor has to be supported.

Appearing for some of the petitioners, senior lawyer Arvind Datar wondered how a taxpayer could be included under EWS and told the court that there was no study to back the government determining the annual income limit of `8 lakh and the report of the committee that is now being relied upon gives a justification of the decision taken in January 2021. He said that before OBC reservation there were a series of studies that had gone into the issue.

Appearing for another petitioner who has also challenged the government decision to introduce OBC/EWS reservation in post-graduate medical courses, senior lawyer Shyam Divan argued that government could not have introduced 27% OBC and 10% EWS reservation in super speciality post graduate medical course without a nod from the SC.