What is the new reservation for OBCs and for EWS under AIQ scheme in medical education?

What’s the new reservation for OBCs and for EWS below AIQ scheme in medical schooling?

The OBC college students from throughout the nation will now have the ability to avail of this reservation in AIQ Scheme to compete for seats in any state

In a landmark choice, the Union Ministry of Well being and Household Welfare has determined to supply 27 p.c reservation for OBCs and 10 p.c reservation for Economically Weaker Part (EWS) within the All India Quota (AIQ) Scheme for undergraduate and postgraduate medical / dental programs (MBBS / MD / MS / Diploma / BDS / MDS) from the present educational yr 2021-22.

The choice was taken on Monday and Prime Minister Narendra Modi directed the involved Union ministries to facilitate an efficient answer to this long-pending concern.

This choice would profit roughly 1,500 OBC college students in MBBS and a couple of,500 OBC college students yearly in postgraduation and in addition round 550 EWS college students in MBBS and round 1,000 EWS college students in postgraduation.

What’s the All India Quota (AIQ) Scheme? The AIQ Scheme was launched in 1986 below the instructions of the Supreme Court docket to supply for domicile-free merit-based alternatives to college students from any State to aspire to check in an excellent medical faculty positioned in one other state.

The AIQ consists of 15 p.c of whole accessible UG seats and 50 p.c of whole accessible PG seats in authorities medical schools. Initially, there was no reservation in AIQ Scheme as much as 2007.

In 2007, the Supreme Court docket launched reservations of 15 p.c for SCs and 7.5 p.c for STs within the AIQ Scheme. When the Central Academic Establishments (Reservation in Admission) Act grew to become efficient in 2007 offering for uniform 27 p.c reservation to OBCs, the identical was carried out in all of the Central Academic Establishments viz. Safdarjung Hospital, Woman Harding Medical Faculty, Aligarh Muslim College and Banaras Hindu College amongst others.

Nevertheless, this was not prolonged to the AIQ seats of state medical and dental schools.

What this implies: The OBC college students from throughout the nation will now have the ability to avail of this reservation in AIQ Scheme to compete for seats in any state. Being a Central scheme, the Central Checklist of OBCs shall be used for this reservation.

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As a way to present profit to college students belonging to EWS class in admission to larger instructional Establishments, a constitutional modification was made in 2019 which enabled the supply of 10 p.c reservation for the EWS class. Accordingly, seats in medical / dental schools have been elevated over two years in 2019-20 and 2020-21 to accommodate this extra 10 p.c EWS reservation in order that the overall variety of seats accessible for the unreserved class don’t cut back.

Within the AIQ seats, nevertheless, this profit had not been prolonged to date.

Since 2014, after the primary Narendra Modi authorities got here to energy on the Centre, MBBS seats within the nation have elevated by 56 p.c from 54,348 seats in 2014 to 84,649 seats in 2020. The variety of PG seats has elevated by 80 p.c from 30,191seats in 2014 to 54,275 seats in 2020.

Throughout the identical interval, 179 new medical schools have been established and now the nation has 558 (authorities: 289, personal: 269) medical schools.

What’s the 103rd Constitutional Modification Act?

Apparently, the federal government’s announcement on reserving 27 p.c for OBCs, 10 p.c for EWS below AIQ scheme in medical schooling comes at a time when the Constitutional 103rd Modification Act is below the purview of the Supreme Court docket.

The Constitutional 103rd Modification Act bought assent from the President of India on 13 January 2018. It was handed within the Lok Sabha by 323 members who have been in favour of it and three members who have been in opposition to it. In Rajya Sabha, 165 members have been in favour and 7 in opposition to. Following are the important thing highlights of the 103rd Constitutional Modification:

  • It gives for reservation within the Central authorities jobs in addition to the federal government schooling establishments.
  • The modification applies to residents who belong to the EWS from the higher castes.
  • The modification was handed along with the already present reservations.
  • The principle goal of the modification is to incorporate individuals from economically weaker sections of the society to attend the upper schooling establishments and jobs in public employment which stay unfulfilled on account of their monetary incapacity.
  • It goals to make Article 46 obligatory that urges the federal government to supply safety to all the tutorial and financial pursuits of the weaker part of society. Since socially deprived sections have loved the privilege, there was reduction offered to economically deprived sections as properly.
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    What’s going to the five-judge Structure Bench look into the 103rd Constitutional Modification?

    In August final yr, the Supreme Court docket referred to a Structure Bench of 5 judges, the problem mounted in opposition to the Structure (103) Modification Act, which launched 10 p.c reservation for the EWS.

    The Supreme Court docket referred a batch of pleas and switch petitions difficult the Centre’s choice to grant 10 p.c reservation in jobs and schooling to EWS and the Structure (103 Modification) Act 2019. A bench of the then chief justice A Bobde, R Subhash Reddy and BR Gavai mentioned it was of the view that the questions raised in a batch of pleas and switch petitions “do represent substantial questions of legislation to be thought-about by a Bench of 5 Judges”.

    The highest courtroom had mentioned, “It’s clear from the language of Article 145(3) of the Structure and Order XXXVIII Rule 1(1) of the Supreme Court docket Guidelines, 2013, the issues which contain substantial questions of legislation as to interpretation of constitutional provisions they’re required to be heard a Bench of 5 Judges”.

    The bench mentioned that whether or not the impugned Modification Act violates the fundamental construction of the Structure, by making use of the exams of ‘width’ and ‘identification’ with regards to equality provisions of the Structure, is a matter which constitutes a considerable query of legislation.

    It mentioned that the query resembling whether or not the ceiling of fifty p.c for affirmative motion will be breached because the Centre claimed that although it’s ordinarily a rule identical won’t forestall to amend the Structure in view of the prevailing particular circumstances additionally represent a considerable query of legislation to be examined by a bench of 5 judges.

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    The highest courtroom mentioned after listening to Legal professional Normal KK Venugopal, showing for Centre and the counsel for petitioners on the purpose of reference, it’s in settlement with the petitioners that these issues contain substantial questions of legislation, as such, they’re required to be heard by a Bench of 5 Judges in view of the supply below Article 145(3) of the Structure of India and Order XXXVIII of the Supreme Court docket Guidelines, 2013.

    Petitioners which embody a number of NGOs, people and attorneys have argued that that the impugned amendments violate the fundamental construction of the Structure primarily on the bottom that the prevailing provisions empower to supply affirmative motion solely in favour of socially backward lessons.

    They argued that financial standards alone can’t be the premise to find out backwardness and it’s for the primary time that by the impugned amendments within the Structure itself, the brand new clauses are included enabling the State to supply affirmative motion by the use of the reservation to the extent of 10 p.c in instructional establishments and for appointment in providers to EWS of society.

    The counsel for petitioners had relied on a nine-judge verdict within the 1992 case of Indra Sawhney and mentioned that the impugned amendments run opposite to the mentioned judgment because it exceeds the ceiling cap of fifty p.c.

    Venugopal had opposed the reference to the bigger bench and mentioned that the Modification Act was necessitated to profit the EWS of the society who aren’t lined throughout the present schemes of reservation, which as per statistics, represent a significantly massive section of the Indian inhabitants.

    The apex courtroom had earlier refused to remain the Centre’s choice to grant 10 p.c quota in jobs and admissions to EWS residents.

    Lok Sabha and Rajya Sabha cleared the invoice on 8 and 9 January 2019 respectively, and it has been signed by President Ram Nath Kovind. The quota shall be over and above the prevailing 50 p.c reservation to Scheduled Castes, Scheduled Tribes and Different Backward Courses.

    With inputs from PTI


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