This is the second time in as several days the Union has mentioned the case for an early listing.
The Chief Justice of India on Tuesday agreed to list the case related to EWS reservation in NEET All India Quota tomorrow.
Chief Justice agreed to consider an early listing after Solicitor-General Tushar Mehta, in an oral mention, repeatedly asked the court to accommodate the case on January 5 itself.
Earlier yesterday Justice Chandrachud said the matter would be required to be heard by a bench also comprising Justices Surya Kant and Vikram Nath, the latter two sitting in different compositions during the first week of New Year, when the court is scheduled to hear fresh cases. Justice Chandrachud told Mehta that he would consult CJI and that there would be an endeavour to get the EWS quota case listed for hearing this week.
The Union government two days filed an affidavit in SC saying it would stick to the Rs 8 lakh annual income limit criteria for categorisation of EWS sections, entitled to 10% reservation in admissions to educational institutions, including medical colleges, and government jobs, but promised to tweak other EWS criteria a bit from next year.
“The problem is it's a 3 judge bench matter, this entire week is a miscellaneous week. Let me see if tomorrow, some judge is available, we'll constitute a bench. Let me see. If possible I'll constitute a three-judge bench or it will go before a Division bench tomorrow”, CJI told the Solicitor General.
The Solicitor General added that "Resident doctors are protesting and their concerns are genuine".
However, the CJI said the court would try to adjust its schedule to specially form a three-judge Bench.
NEET counselling was suspended after the Union government, on November 25, informed the top court about its “considered decision” to revisit the “criteria” determining EWS. The government had asked for four weeks’ time to form a review committee, examine the issue and file a report.
Finally The Chief Justice of India today agreed to list the case related to EWS reservation in NEET All India Quota tomorrow.