The Evening Wrap: SC allows NEET counselling resumption under existing EWS criteria

The Supreme Court on Friday allowed National Eligibility cum Entrance Test or NEET counselling to proceed while maintaining 27% reservation for the Other Backward Classes (OBC) and 10% for the Economically Weaker Sections (EWS) in the All India Quota (AIQ) seats in accordance with a July 29, 2021 government order not to “dislocate” medical admissions this year. The ₹8 lakh gross annual family income limit criterion for identifying the EWS, as originally notified by a January 2019 official memorandum and recommended for retention by the government-appointed former Finance Secretary Ajay Bhushan Pandey-led Expert Committee on December 31, 2021, would be implemented for the admission year 2021-2022. The court, however, upheld the 27% reservation for the OBCs in NEET’s AIQ seats for postgraduate and undergraduate admissions. There would be no further debate on this aspect. The question of the validity of the EWS criteria, including the ₹ 8 lakh income threshold, which have to be implemented in this year’s NEET counselling so as not to upset medical admissions for 2021-2022, would be heard finally and decided upon by the Supreme Court in March third week, a Bench of Justices D.Y. Chandrachud and A.S. Bopanna noted in its interim order. After pronouncing it, Justice Chandrachud clarified orally to the parties that “we have upheld the constitutional validity of the 27% reservation for the OBCs. On the EWS criteria, we have said for this year, the criteria which was notified earlier [January 2019] shall continue to operate to ensure that the admission process for this year shall not be dislocated”. The judge continued, “Prospectively, and for the future, we will hear the petitions finally on the EWS criteria in the third week of March and rule on that. The ruling will then apply prospectively and for the future”. Pronouncing the operative directions in the interim order, the court noted the “urgent need to commence the process of NEET counselling” for 2021-2022. Firstly, the court agreed with the government and the Pandey committee that the EWS criteria as stipulated in January 2019 need to be used for the NEET admissions this year so that the entire exercise is not derailed. “Counselling for NEET PG 2021 and NEET UG 2021 shall be conducted by giving effect to the reservation provided by the notification of July 29, 2021, including 27% reservation for OBC and 10% reservation for EWS category for the AIQ seats,” it ordered. Secondly, it directed that the “criteria for the determination of the EWS, as notified by January 2019 official memorandum, shall be used for identifying the EWS category for candidates who appeared for NEET PG and NEET UG examinations in 2021”. Thirdly, it said any further and prospective recommendations made by the Pandey committee, modifying the criteria in the January 2019 memorandum, would be subject to the final result of the adjudication of the case in court. The case concerns petitions filed by doctors in August 2021 against the July 29, 2021 notification issued by the Directorate General of Health Services of the Ministry of Health implementing 27% and 10% reservation for the OBC and EWS categories respectively while filling 15% undergraduate and 50% postgraduate AIQ seats under NEET. The hearings in the case saw the court raise questions about the ₹ 8 lakh income limit to identify the EWS category as per the January 2019 official memorandum. The Constitution (One Hundred and Third Amendment) Act, which introduced the 10% EWS quota, came into force on January 14, 2019. The court wondered whether there was any application of mind before fixing the ₹8 lakh limit, and whether it was only a “mechanical adoption” of the OBC creamy lawyer cut-off. Seven-day home quarantine mandatory for all overseas travellers All international travellers will have to undergo a seven-day home quarantine on their arrival in India with effect from January 11, according to the government’s latest guidelines. Such passengers will have to undertake an RT-PCR test on the eighth day after arrival in India and upload their result on the Air Suvidha portal. State governments will be required to monitor the test results. If passengers test negative on the eighth day, they will self-monitor their health for next seven days. “If travellers under home quarantine or self-health monitoring, develop signs and symptoms suggestive of COVID-19 or test positive for COVID-19 on re-testing, they will immediately self-isolate and report to their nearest health facility or call National helpline number (1075)/ State Helpline Number,” according to the protocols Earlier, only passengers arriving from countries identified as “at-risk” had to undergo a seven-day home quarantine. Passengers from at-risk countries will continue to require a post-arrival COVID-19 test at the airport, wait for their result before leaving the airport or taking a connecting flight. All countries in Europe and 18 other countries have been identified as at-risk. These include South Africa, Brazil and Botswana, China, Ghana, Mauritius, New Zealand, Zimbabwe, Tanzania, Hong Kong, Israel, Congo, Ethiopia, Kazakhstan, Kenya, Nigeria, Tunisia, Zambia. SC asks HC to secure records of security for PM’s Punjab visit The Supreme Court on Friday directed the Registrar General of the Punjab and Haryana High Court to “forthwith” seize and secure records of the security measures for Prime Minister Narendra Modi’s visit to Punjab on January 5. A Bench led by Chief Justice of India N.V. Ramana orally asked Punjab and the Centre to meanwhile put on hold the enquiries of its respective committees till Monday, the next date of hearing. The Prime Minister’s motorcade was stranded on a flyover in Punjab for 15 to 20 minutes. The incident created a furious exchange of accusations in public fora and developed into a political fistfight. A petition was filed in the Supreme Court accusing the Punjab police of “connivance”. It claimed the incident posed the “single biggest lapse in security of any Indian Prime Minister in recent years”. On Friday, appearing before the Bench, the Centre joined with petitioner NGO Lawyer’s Voice and expressed suspicions about the security lapse having a “potential cross-border terrorism” angle. It submitted that prior to the Prime Minister’s visit, a banned organisation abroad published a video exhorting people to certain acts. It said the presence of the National Investigation Agency (NIA) in the investigation was essential. Solicitor General Tushar Mehta said the event could be pegged as “rarest of rare” as it could have unfolded into an “international embarrassment” for India. Mehta again agreed with senior advocate Maninder Singh, for the petitioner, to urge the court to immediately direct the seizure and protection of records pertaining to the security arrangements that were in place for the Prime Minister's motorcade. The Centre and the petitioner said the court could carve the way ahead once the evidence was protected. Mehta said, “The investigation should rise above central and State politics”. Punjab, represented by Advocate General D.S. Patwalia, accepted that the incident was “very, very grave in nature”. It, however, expressed the apprehension that the Centre, through its committee, would pile the blame for the lapse entirely on the police. He alleged that there were chinks in the Special Protection Group’s (SPG) measures too. Patwalia informed the court that it was ready to face a “neutral” panel that would hear all sides on the issue. The Lawyer’s Voice petition “reeked of politics”, he observed. “The Chief Minister has said that this is our Prime Minister,” he submitted. Punjab said it was the first to constitute a probe committee. Both the Centre and Punjab traded allegations at the neutrality of their respective committees during the hearing. Though the Centre suggested that the Bathinda district judge could collect and secure the records with the assistance of the NIA, the Bench decided to give the responsibility to the senior official of the Punjab and Haryana High Court. “We direct the Registrar General, Punjab and Haryana High Court, to secure the records forthwith,” the apex court ordered. It also ordered the Punjab government, including State police authorities; the SPG; other central and State agencies to cooperate and assist the Registrar General to seize and protect the records. It further directed the Director General of Police (DGP), Union Territory of Chandigarh, and NIA officers to be included in the team to assist the Registrar General to collect the records. Man thrashed, forced to chant ‘Jai Sri Ram’ in Dhanbad A youth was thrashed, forced to lick his spit and chant ‘Jai Sri Ram’ on Friday, allegedly by a group of BJP workers and leaders in Dhanbad, Jharkhand. Chief Minister Hemant Soren expressed concern over the incident and asked district officials to probe the incident and take strict action against the guilty. In a video, which has gone viral on social media, the youth, said to be belonging to a minority community, is seen beaten up, doing sit-ups and forced to lick spit and chant ‘Jai Sri Ram’ and ‘BJP zindabad’, allegedly by a group of BJP leaders and workers, who were on a dharna at Gandhi Chowk, near the Combined Building in Dhanbad town, protesting against the security lapses during Prime Minister Narendra Modi’s visit to Punjab on Wednesday. The youth, passing through the spot, allegedly used some unparliamentary words against Mr. Modi and State BJP chief Dipak Prakash. He was caught and thrashed. Local people alleged that the police remained mute spectators. Later, the youth ran away from the spot. Mr. Soren tweeted, “@dc_dhanbad kindly probe the incident and while taking stern action against guilty, inform about it. There is no place of such animosity in Jharkhand where people live in peace and harmony.” State Congress and other party leaders too condemned the incident and demanded a probe “so that perpetrators will be identified and stern action could be taken against them”. FIR, NCW summons against hairstylist Jawed Habib for spitting on woman’s head Popular hairstylist Jawed Habib found himself in trouble on Friday for allegedly spitting on a woman’s head while styling her hair, and apologised for his action, even as the Muzaffarnagar police registered an FIR against him and the National Commission for Women (NCW) issued a summons. The police said the FIR was lodged at the Mansurpur police station in Uttar Pradesh’s Muzaffarnagar on a complaint filed by Pooja Gupta, a resident of Baraut town on whose head Habib allegedly spat. He has been booked under Section 355 (assault or criminal force with intent to dishonour person) of the Indian Penal Code and the Epidemic Diseases Act, 1897, they said. In Jaipur, former city mayor and Congress leader Jyoti Khandelwal also lodged a complaint against Habib, accusing him of insulting women. The NCW has summoned him on January 11 for explaining his action. It also asked the Uttar Pradesh Police to probe the veracity of a purported video which shows Habib spitting on the woman’s head. In its summons issued on Friday, the NCW said it has taken serious note of Habib’s action. “Therefore, you are directed to appear before the Commission in-person on 11.01.2022 at 12.30 P.M. for deposition of your statement,” the NCW said. A noted hairstylist, Habib operates more than 850 salons and around 65 hair academies in 115 cities across the country. In the purported video of the incident, which took place in Muzzafarnagar on January 3, Habib is seen spitting on the woman’s head while she sits with her back to him. “If there is scarcity of water, then use saliva,” he can be heard saying. The audience can be heard laughing and applauding in the background in the video which has now gone viral with Habib being criticised by netizens for his action. Hindu activists also held a protest against Habib and demanded action against him. In a video statement issued on Friday, the hairstylist apologised for the act. “Some words spoken by me have hurt people. I want to say one thing that these are professional workshops and are long shows and when they are long, we have to make them humorous. What can I say? If you are truly hurt, I apologise from my heart. Please forgive me. Sorry,” he said. In her complaint, the former Jaipur mayor said, Habib's act “shows perverted mindset of the person who insulted women through his act. He is a celebrity and such an act warrants strict action. We have lodged a complaint with the police to register an FIR.” Jaipur Kotwali SHO Om Prakash Matwa said, “We have received the complaint that the hairstylist spat on a woman’s hair. Though the incident happened in Uttar Pradesh, we have started investigating the matter.” Covid Watch: Numbers and Developments The number of reported coronavirus cases from India stood at 3,52,47,712 at the time of publishing this newsletter, with the death toll at 4,83,243. In Brief: Legendary actor Sidney Poitier, the first Black man to win the Oscar for Best Actor, has died, aged 94. The Hollywood star was known for films such as Guess Who’s Coming to Dinner, In the Heat of the Night, and Lilies of the Field, for which he became the first Black man to win a Best Actor Oscar. The Indian economy is estimated to grow at 9.2% in the 2021-22 fiscal, surpassing pre-COVID level in actual terms, mainly on account of improved performance, especially in farm, mining and manufacturing sectors. The improvement in the economy comes over a GDP contraction of 7.3% during 2020-21 due to the pandemic and resultant lockdown imposed to curb the spread of the deadly coronavirus. Evening Wrap will return tomorrow. [logo] The Evening Wrap 07 JANUARY 2022 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( SC allows NEET counselling resumption under existing EWS criteria The Supreme Court on Friday [allowed National Eligibility cum Entrance Test or NEET counselling to proceed]( while maintaining 27% reservation for the Other Backward Classes (OBC) and 10% for the Economically Weaker Sections (EWS) in the All India Quota (AIQ) seats in accordance with a July 29, 2021 government order not to “dislocate” medical admissions this year. The ₹8 lakh gross annual family income limit criterion for identifying the EWS, as originally notified by a January 2019 official memorandum and recommended for retention by the government-appointed former Finance Secretary Ajay Bhushan Pandey-led Expert Committee on December 31, 2021, would be implemented for the admission year 2021-2022. The court, however, upheld the 27% reservation for the OBCs in NEET’s AIQ seats for postgraduate and undergraduate admissions. There would be no further debate on this aspect. The question of the validity of the EWS criteria, including the ₹ 8 lakh income threshold, which have to be implemented in this year’s NEET counselling so as not to upset medical admissions for 2021-2022, would be heard finally and decided upon by the Supreme Court in March third week, a Bench of Justices D.Y. Chandrachud and A.S. Bopanna noted in its interim order. After pronouncing it, Justice Chandrachud clarified orally to the parties that “we have upheld the constitutional validity of the 27% reservation for the OBCs. On the EWS criteria, we have said for this year, the criteria which was notified earlier [January 2019] shall continue to operate to ensure that the admission process for this year shall not be dislocated”. The judge continued, “Prospectively, and for the future, we will hear the petitions finally on the EWS criteria in the third week of March and rule on that. The ruling will then apply prospectively and for the future”. Pronouncing the operative directions in the interim order, the court noted the “urgent need to commence the process of NEET counselling” for 2021-2022. Firstly, the court agreed with the government and the Pandey committee that the EWS criteria as stipulated in January 2019 need to be used for the NEET admissions this year so that the entire exercise is not derailed. “Counselling for NEET PG 2021 and NEET UG 2021 shall be conducted by giving effect to the reservation provided by the notification of July 29, 2021, including 27% reservation for OBC and 10% reservation for EWS category for the AIQ seats,” it ordered. Secondly, it directed that the “criteria for the determination of the EWS, as notified by January 2019 official memorandum, shall be used for identifying the EWS category for candidates who appeared for NEET PG and NEET UG examinations in 2021”. Thirdly, it said any further and prospective recommendations made by the Pandey committee, modifying the criteria in the January 2019 memorandum, would be subject to the final result of the adjudication of the case in court. The case concerns petitions filed by doctors in August 2021 against the July 29, 2021 notification issued by the Directorate General of Health Services of the Ministry of Health implementing 27% and 10% reservation for the OBC and EWS categories respectively while filling 15% undergraduate and 50% postgraduate AIQ seats under NEET. The hearings in the case saw the court raise questions about the ₹ 8 lakh income limit to identify the EWS category as per the January 2019 official memorandum. The Constitution (One Hundred and Third Amendment) Act, which introduced the 10% EWS quota, came into force on January 14, 2019. The court wondered whether there was any application of mind before fixing the ₹8 lakh limit , and whether it was only a “mechanical adoption” of the OBC creamy lawyer cut-off. [underlineimg] Seven-day home quarantine mandatory for all overseas travellers [All international travellers will have to undergo a seven-day home quarantine]( on their arrival in India with effect from January 11, according to the government’s latest guidelines. Such passengers will have to undertake an RT-PCR test on the eighth day after arrival in India and upload their result on the Air Suvidha portal. State governments will be required to monitor the test results. If passengers test negative on the eighth day, they will self-monitor their health for next seven days. “If travellers under home quarantine or self-health monitoring, develop signs and symptoms suggestive of COVID-19 or test positive for COVID-19 on re-testing, they will immediately self-isolate and report to their nearest health facility or call National helpline number (1075)/ State Helpline Number,” according to the protocols [Passengers waiting to get Rapid PCR Test report at Chennai International Airport on Thursday.]  Earlier, only passengers arriving from countries identified as “at-risk” had to undergo a seven-day home quarantine. Passengers from at-risk countries will continue to require a post-arrival COVID-19 test at the airport, wait for their result before leaving the airport or taking a connecting flight. All countries in Europe and 18 other countries have been identified as at-risk. These include South Africa, Brazil and Botswana, China, Ghana, Mauritius, New Zealand, Zimbabwe, Tanzania, Hong Kong, Israel, Congo, Ethiopia, Kazakhstan, Kenya, Nigeria, Tunisia, Zambia. [underlineimg] SC asks HC to secure records of security for PM’s Punjab visit The Supreme Court on Friday directed the Registrar General of the Punjab and Haryana High Court [to “forthwith” seize and secure records of the security measures for Prime Minister Narendra Modi’s visit to Punjab]( on January 5. A Bench led by Chief Justice of India N.V. Ramana orally asked Punjab and the Centre to meanwhile put on hold the enquiries of its respective committees till Monday, the next date of hearing. The Prime Minister’s motorcade was stranded on a flyover in Punjab for 15 to 20 minutes. The incident created a furious exchange of accusations in public fora and developed into a political fistfight. A petition was filed in the Supreme Court accusing the Punjab police of “connivance”. It claimed the incident posed the “single biggest lapse in security of any Indian Prime Minister in recent years”. On Friday, appearing before the Bench, the Centre joined with petitioner NGO Lawyer’s Voice and expressed suspicions about the security lapse having a “potential cross-border terrorism” angle. It submitted that prior to the Prime Minister’s visit, a banned organisation abroad published a video exhorting people to certain acts. It said the presence of the National Investigation Agency (NIA) in the investigation was essential. Solicitor General Tushar Mehta said the event could be pegged as “rarest of rare” as it could have unfolded into an “international embarrassment” for India. Mehta again agreed with senior advocate Maninder Singh, for the petitioner, to urge the court to immediately direct the seizure and protection of records pertaining to the security arrangements that were in place for the Prime Minister's motorcade. The Centre and the petitioner said the court could carve the way ahead once the evidence was protected. Mehta said, “The investigation should rise above central and State politics”. Punjab, represented by Advocate General D.S. Patwalia, accepted that the incident was “very, very grave in nature”. It, however, expressed the apprehension that the Centre, through its committee, would pile the blame for the lapse entirely on the police. He alleged that there were chinks in the Special Protection Group’s (SPG) measures too. Patwalia informed the court that it was ready to face a “neutral” panel that would hear all sides on the issue. The Lawyer’s Voice petition “reeked of politics”, he observed. “The Chief Minister has said that this is our Prime Minister,” he submitted. Punjab said it was the first to constitute a probe committee. Both the Centre and Punjab traded allegations at the neutrality of their respective committees during the hearing. Though the Centre suggested that the Bathinda district judge could collect and secure the records with the assistance of the NIA, the Bench decided to give the responsibility to the senior official of the Punjab and Haryana High Court. “We direct the Registrar General, Punjab and Haryana High Court, to secure the records forthwith,” the apex court ordered. It also ordered the Punjab government, including State police authorities; the SPG; other central and State agencies to cooperate and assist the Registrar General to seize and protect the records. It further directed the Director General of Police (DGP), Union Territory of Chandigarh, and NIA officers to be included in the team to assist the Registrar General to collect the records. [underlineimg] Man thrashed, forced to chant ‘Jai Sri Ram’ in Dhanbad A [youth was thrashed, forced to lick his spit and chant ‘Jai Sri Ram’]( on Friday, allegedly by a group of BJP workers and leaders in Dhanbad, Jharkhand. Chief Minister Hemant Soren expressed concern over the incident and asked district officials to probe the incident and take strict action against the guilty. In a video, which has gone viral on social media, the youth, said to be belonging to a minority community, is seen beaten up, doing sit-ups and forced to lick spit and chant ‘Jai Sri Ram’ and ‘BJP zindabad’, allegedly by a group of BJP leaders and workers, who were on a dharna at Gandhi Chowk, near the Combined Building in Dhanbad town, protesting against the security lapses during Prime Minister Narendra Modi’s visit to Punjab on Wednesday. The youth, passing through the spot, allegedly used some unparliamentary words against Mr. Modi and State BJP chief Dipak Prakash. He was caught and thrashed. Local people alleged that the police remained mute spectators. Later, the youth ran away from the spot. [In a video, the man is seen beaten up, doing sit-ups and forced to lick his spit and chant ‘Jai Sri Ram’ and ‘BJP zindabad’, allegedly by a group of BJP leaders and workers. Image made from a video retweeted by Jharkhand Chief Minister Hemant Soren’s account @HemantSorenJMM. ]  Mr. Soren tweeted, “[@dc_dhanbad]( kindly probe the incident and while taking stern action against guilty, inform about it. There is no place of such animosity in Jharkhand where people live in peace and harmony.” State Congress and other party leaders too condemned the incident and demanded a probe “so that perpetrators will be identified and stern action could be taken against them”. [underlineimg] FIR, NCW summons against hairstylist Jawed Habib for spitting on woman’s head Popular hairstylist [Jawed Habib found himself in trouble]( on Friday for allegedly spitting on a woman’s head while styling her hair, and apologised for his action, even as the Muzaffarnagar police registered an FIR against him and the National Commission for Women (NCW) issued a summons. The police said the FIR was lodged at the Mansurpur police station in Uttar Pradesh’s Muzaffarnagar on a complaint filed by Pooja Gupta, a resident of Baraut town on whose head Habib allegedly spat. He has been booked under Section 355 (assault or criminal force with intent to dishonour person) of the Indian Penal Code and the Epidemic Diseases Act, 1897, they said. In Jaipur, former city mayor and Congress leader Jyoti Khandelwal also lodged a complaint against Habib, accusing him of insulting women. The NCW has summoned him on January 11 for explaining his action. It also asked the Uttar Pradesh Police to probe the veracity of a purported video which shows Habib spitting on the woman’s head. In its summons issued on Friday, the NCW said it has taken serious note of Habib’s action. “Therefore, you are directed to appear before the Commission in-person on 11.01.2022 at 12.30 P.M. for deposition of your statement,” the NCW said. A noted hairstylist, Habib operates more than 850 salons and around 65 hair academies in 115 cities across the country. In the purported video of the incident, which took place in Muzzafarnagar on January 3, Habib is seen spitting on the woman’s head while she sits with her back to him. “If there is scarcity of water, then use saliva,” he can be heard saying. The audience can be heard laughing and applauding in the background in the video which has now gone viral with Habib being criticised by netizens for his action. Hindu activists also held a protest against Habib and demanded action against him. In a video statement issued on Friday, the hairstylist apologised for the act. “Some words spoken by me have hurt people. I want to say one thing that these are professional workshops and are long shows and when they are long, we have to make them humorous. What can I say? If you are truly hurt, I apologise from my heart. Please forgive me. Sorry,” he said. In her complaint, the former Jaipur mayor said, Habib's act “shows perverted mindset of the person who insulted women through his act. He is a celebrity and such an act warrants strict action. We have lodged a complaint with the police to register an FIR.” Jaipur Kotwali SHO Om Prakash Matwa said, “We have received the complaint that the hairstylist spat on a woman’s hair. Though the incident happened in Uttar Pradesh, we have started investigating the matter.” [underlineimg] Covid Watch: Numbers and Developments The [number of reported coronavirus cases from India]( stood at 3,52,47,712 at the time of publishing this newsletter, with the death toll at 4,83,243. [underlineimg] In Brief: Legendary actor Sidney Poitier, the first Black man to win the Oscar for Best Actor, has died, aged 94. The Hollywood star was known for films such as Guess Who’s Coming to Dinner, In the Heat of the Night, and Lilies of the Field, for which he became the first Black man to win a Best Actor Oscar. The [Indian economy is estimated to grow at 9.2% in the 2021-22 fiscal]( surpassing pre-COVID level in actual terms, mainly on account of improved performance, especially in farm, mining and manufacturing sectors. The improvement in the economy comes over a GDP contraction of 7.3% during 2020-21 due to the pandemic and resultant lockdown imposed to curb the spread of the deadly coronavirus. [underlineimg] Evening Wrap will return tomorrow. Today's Top Picks [[Odisha is losing its leopards, wildlife to poachers] Odisha is losing its leopards, wildlife to poachers]( [[COVID-19 third wave affects BCCI headquarters] COVID-19 third wave affects BCCI headquarters]( [[Watch | Eluciole Circus, the circus school] Watch | Eluciole Circus, the circus school]( [[The 'pan-Indian' strategy of Telugu cinema] The 'pan-Indian' strategy of Telugu cinema]( Copyright @ 2021, THG PUBLISHING PVT LTD. If you are facing any trouble in viewing this newsletter, please [try here]( If you do not wish to receive such emails [go here](