Ceiling for OBCs, EWS: Both ₹8L, but difference is in income components

Ceiling for OBCs, EWS: Both ₹8L, but difference is in income components

Subodh.Ghidiyal@timesgroup.com

New Delhi:26.10.2021

The Rs 8 lakh income-ceiling for OBC ‘creamy layer’ as well as the cap to qualify as economically weaker sections (EWS) for forward caste quotas is same on the face of it, yet different in substance by way of what sources of income are included in the calculations making the math tougher for forward quotas. But, while projecting this substantive distinction between the two caps may help the government duck the charge that “unequals are being made equals”, the BJP regime is actively working to bring them at par.

The Supreme Court’s query to the government on how it arrived at Rs 8 lakh for EWS quota has prised open a tricky debate, the primary being if gradually, a parity is being drawn between the OBC category, which has social backwardness as a key parameter, and the EWS that largely comprises the forward communities with only poverty as criteria.

With all eyes being on the affidavit the social justice ministry will file in the apex court, it is evident that Rs 8 lakh is significantly different in the two categories, the income bar for EWS being a stricter norm than that for Other Backward Classes (OBCs).

The gross family income for EWS, beyond which a candidate is rendered ineligible for quotas, includes ‘income from all sources’ whereas the same in case of backwards excludes ‘salary’ and ‘agriculture income’. According to experts, ‘salary’ is the main difference between the two categories since agriculture income is not verifiable because it is not taxable.

Yet, any attempt by government to project the method of calculation of family income as being different and more exclusionary for EWS then for OBCs maybe fraught with risk — the reason being that the government plans to narrow the gap between the formula for two family incomes and virtually bring them at the same level.

The government has proposed to tweak the criteria for family income of OBCs by including ‘salary’ in the total income, which is a major departure from the governing 1993 memorandum on ‘creamy layer’ which lays down that ‘salary’ will not be part of the total income.

The cabinet proposal last February triggered a major opposition, including from the national commission for backward classes. It is since lying with the government and the issue is being treated as pending.

Though among other differences between OBC and EWS is the family size included in gross family income — which is larger for EWS than for OBCs, it is in practice seen as prone to misrepresentation, which only makes EWS ceiling strict on paper.

NEET-PG counselling will not start without approval: SC

New Delhi:

The Supreme Court on Monday asked the Centre to put on hold the counselling for National Eligibility cum Entrance Test (NEET) PG until it decides the validity of the Centre's decision to introduce OBC and EWS reservation in All India Quota (AIQ).

A bench headed by Justice DY Chandrachud said the NEET-PG counselling will not start without its approval as the court is examining a plea against the Centre's decision for medical admission. The Central government also assured the apex court that the counselling process will not commence till the Bench decides the matter.

Additional Solicitor General (ASG) KM Nataraj, appearing for the Centre, gave the assurance to the apex court, which the court took into the note. The Bench observed that students will be in serious problems if the counselling process goes ahead as scheduled. The top court was told that it has been announced that the counselling will begin from October 25.

The assurance of the Centre came after senior advocate Arvind Dattar, appearing for some NEET candidates, mentioned that by the time the court decides the pending batch of petitions, challenging the July 29 notification, introducing the quota from this academic year, the entire process of admission will be over and serious prejudice would be caused to the students. The SC was hearing a batch of pleas challenging the July 29 notice providing 27% quota OBC and 10% for EWS category for the admission in the NEET for all medical seats. ANI