SC allows NEET UG, PG counselling with 27% OBC and 10% EWS quotas

The Supreme Court on Friday allowed counselling to resume for undergraduate and postgraduate medical courses based on the National Eligibility cum Entrance Test score, with 27% OBC and 10% EWS quotas.

A bench, led by Justice DY Chandrachud, upheld the validity of the reservations for the other backward classes (OBCs), but said it would examine the legality of the quota for the economically weaker sections (EWS) in March.

The other judge on the bench was Justice AS Bopanna.


The EWS quotas will, however, be applicable in this round of counselling. The annual income cut-off is ₹8 lakh for this academic year. It could be revised prospectively from the next academic year.

Some medical students had challenged the government move to set aside OBC and EWS quotas. In response, the court questioned the income criteria for availing of the EWS quota and imposed a stay on counselling. The government later came back with a report which backed the Rs 8 lakh limit for this academic year. A strike by doctors added to the promptitude to addressing the issue.

The Union government urged the bench to quickly take a call as medical institutions were facing staff shortages as they fought the pandemic. The existing staff was overloaded with work, the striking doctors had complained.

In response, the top court quickly wrapped up hearing on the OBC issue, kept aside the issue of EWS quota legality till March and lifted the stay on counselling.

The bench said it would give detailed reasons for its decision later. The formulation of reasons behind the interim order on EWS reservation would take some time, it said.