NEET PG- Postgraduate Admissions Must Be Completely Merit-Based, Reservation Must Be Minimal: Shyam Divan To Supreme Court
Live LawIn connection with the EWS/OBC reservation in NEET-AIQ, Senior Advocate Shyam Divan, on Wednesday, told the Supreme Court that Postgraduate admissions must be completely merit-based and reservation must be minimal. For example, specialised sophisticated knowledge and skill and ability to make right choices of treatment in critical medical conditions and even ability to innovate and device new lines of treatment in critical situations, requires high levels of intelligent understanding of medial knowledge or skill and a high ability to learn from technical literature and from experience. 'An executive order cannot nullify the judgment of this court' Mr. Diwan submitted that the All India quota of 50% was created by this court, balancing various equities which are involved and having regard to the overarching principles of Article 14 and the country as a whole. "In Abhay Nath v. University of Delhi, Your Lordships indicated that if this 50% is to be varied, this is how- There was an IA for SC/ST, and after due application of mind, this court allows it, saying that we recognise this is a carve out which is permitted from the 50% for SC/ST", continued Mr. Diwan.