Poser to govt in SC: How can taxpayer be ‘economically weak’?

Even as the Central government on Wednesday defended before the Supreme Court fixing `8 lakhs annual income ceiling for admission in postgraduate and undergraduate medical courses for 10 per cent seats reserved for economically weaker section of society under all India quota seats, it was questioned how persons paying income-tax or making investments in stockmarket could be treated as belonging to EWS category.

Questioning the government’s decision to categorise people having anannual 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 lakhs and if there were any studies justifying and backing it.

The hearing, which will continue on Thursday as well, saw 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 tax-payer 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 lakhs 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 top court. Referring to earlier judgments of the top court, Divan recalled that in 2007, the then Central government had approached the top court for giving SC/ST reservation in 50% All India Quota (AIQ) seats in post-graduate medical courses.