The Supreme Court ruled on Tuesday that pharmaceutical corporations giving freebies to doctors to increase drug sales is “obviously banned by law,” dismissing a company’s request for a deduction under the Income Tax Act for giving incentives to doctors.
supreme court
NEET SS 2021: SC demands response from Tamil Nadu Govt, Centre on allocation of 50% seats to service doctors
The Supreme Court on Monday requested responses from the Centre and the Tamil Nadu government in response to a petition contesting the state government’s decision to give 50% of super-specialty seats at government medical institutions to state-employed physicians.
A bench of Justices L Nageswara Rao and B R Gavai issued notices to the Ministry of Health and Family Welfare, Tamil Nadu government, and others on a plea filed by some who participated in the NEET-SS-2021 exams.
“Issue notice returnable on February 25, 2022. Counsel for the respondents are permitted to file a reply, in the meanwhile,” the bench said.
Tamil Nadu had issued a government order dated November 7, 2020, which allocated 50 per cent of seats in super-speciality courses in favour of in-service doctors of Tamil Nadu.
Petitioners’ senior advocate, Gopal Sankaranarayanan, argued that the petitioners took the exam based on the NEET-SS-2021 Information Bulletin, which stated categorically that there would be no reservation of seats for super-speciality courses.
The Tamil Nadu government was represented by Additional Advocate General Amit Anand Tiwari.
NEET PG 2022: Aspirants file plea in Supreme Court for postponement of exam
On Tuesday, a petition was filed in the Supreme Court asking for the National Eligibility-cum-Entrance Test (NEET) slated for March 12 to be postponed. According to the petition, many MBBS graduates will be unable to sit for the exam because the obligatory internship term has not been completed.
The plea has been filed by six MBBS graduates and seeks the issuance of a direction to the National Board of Examination for the postponement of the NEET PG 2022 examination to facilitate the completion of various requirements set forth in the PG Regulations by several aspirants.
As per the NEET PG regulations, 30 beds in a hospital have to be assigned to one unit of students pursuing the PG course, whereas now, two students from two academic sessions will have to be accommodated in the same facility.
The lawyer firm for the MBBS aspirants said that the petition challenges the violation of NEET PG regulations, 2000, while admitting candidates for academic sessions in one session as there is an “explicit cap on the number of PG admissions to be done per year per unit.”
The plea states that several hundred MBBS graduates whose internships were paused due to their duty in tackling the Covid-19 pandemic will be rendered ineligible from appearing in the NEET-PG test due to lack of mandatory internship duty that too without their fault.
The plea also challenges the condition provided in the information bulletin which states May 31, 2022 as the deadline for the completion of internship.
The petition further referred to a statement made on May 3, 2021 by Prime Minister Narendra Modi that NEET-PG 2021 be deferred by at least four months and that the services of MBBS doctors in their final years will be used to handle mild Covid-19 cases
The lawyer appearing for NEET PG aspirants said, “The petitioners (with 1500 candidates) have mentioned that they were in Covid duties in the year 2021 and therefore their internship was postponed. ”
“They have submitted that they are victims of circumstances and that they were not informed at any time that serving in Covid-19 duties would tantamount to a situation where they will not be eligible to appear for the NEET-PG,” the lawyer informed further.
(Inputs from PTI)
The Supreme Court today cleared 27 percent reservation for OBC (other backward classes) and 10% reservation for EWS (economically weaker sections) categories for this year, resuming medical admissions after a four-month hiatus.
The ₹ 8 lakh income criteria for students from poorer families has also been allowed for this year.
Over 45,000 junior doctors can join the workforce after this decision, which comes as the country fights a massive surge of Covid cases; India has reported over two lakh cases in the past 48 hours.
“We have been hearing this matter for two days, we must start counselling in national interest,” the bench of Justice DY Chandrachud and Justice AS Bopanna said.
The bench said a detailed hearing on the validity of ₹ 8 lakh income criteria for future admissions will be subject to final adjudication of filed petitions, which have been listed for hearing on March 5.
NEET-PG, or the National Eligibility Cum Entrance Test (Post-Graduate) is a qualifying and ranking exam for medical students for admission to over 100 private and government medical colleges.
Counselling was to begin in October but it was delayed after petitions were filed in the top court challenging the government’s July 29 notification announcing the 27 per cent and 10 per cent reservations for OBCs and poor students, respectively.
NEET PG Counselling: Supreme Court allows admissions with 27% quota for OBCs, 10% for EWS
The Supreme Court approved the National Eligibility cum Entrance Test-Undergraduate and Postgraduate (NEET-PG) admissions on Friday, sustaining the OBC quota of 27% and the EWS quota of 10% for the academic year 2021-22.
A Bench of Justices D Y Chandrachud and A S Bopanna also accepted the recommendations of the Ajay Bhushan Pandey Committee and stuck to the Rs 8 lakh income cut-off for identifying those eligible for the EWS quota for the current admission cycle.
The Bench, while passing the judgment, stated that the validity of the criteria determined by the committee would prospectively be subject to its final order. The court said it will hear the matter in detail in the third week of March.
Petitioners in the matter had challenged the July 29 notification of the Medical Counseling Committee (MCC) providing 27 per cent reservation for OBCs and 10 per cent for the EWS category in the NEET-UG and PG (All India Quota).
Hearing the petitions, the SC had asked the Centre to explain what exercise it had undertaken to arrive at the Rs 8-lakh criteria. Responding to this, the Centre told the court on November 25, 2021, that it will revisit the criteria and sought four weeks’ time to complete the exercise.
Subsequently, it appointed a three-member committee comprising former Finance Secretary Ajay Bhushan Pandey, Member Secretary ICSSR V K Malhotra and Principal Economic Advisor to the government Sanjeev Sanyal. The committee submitted its report on December 31, 2021, recommending that the Rs 8-lakh limit, which has continued since 2019, may be retained, but suggested some changes regarding application for the same.
It also favoured continuing with the existing system as the admission process was already on and that, if disturbed at the end or fag-end, would create more complications than expected — both for the beneficiaries as well as for the authorities.
The petitioners had opposed the recommendation saying the report was an admission that the government had not conducted any study before fixing the Rs 8 lakh limit for EWS in 2019.
NEET PG Counselling: Supreme court to hear EWS Quota case tomorrow
Chief Justice of India N V Ramana said on Tuesday that he will endeavour to list petitions contesting the criteria for the Economically Weaker Sections (EWS) quota in the NEET-PG (All India Quota) for hearing on Wednesday, citing the Centre’s urgency.
However, the Supreme Court is only considering miscellaneous cases this week, and if the NEET case must be heard, the benches will have to be reconfigured. A three-judge bench has already heard the case.
“I have to constitute a special bench. Let me see tomorrow. This entire week is a miscellaneous (matters) week. Let me see if we can constitute a bench tomorrow,” the CJI told Solicitor General Tushar Mehta who urged him to take it up at least Wednesday.
The SG then requested that it be listed if possible at least before a two-judge bench headed by Justice Chandrachud. The three-judge bench, which heard it previously, was also headed by Justice D Y Chandrachud.
“It concerns EWS of society. There’s a statement made by us which prevents further counselling of resident doctors…Resident doctors are protesting and their concerns are genuine,” the SG said as he highlighted the urgency.
“Let me see. If possible I will constitute a three-judge bench or it will go before a Division bench tomorrow,” added the CJI.
On the last date of hearing on November 25, 2011, the Supreme Court had fixed it for hearing next on January 6.
On Monday, too, the SG had taken up the matter with Justice Chandrachud and requested that it be heard Tuesday.
Justice Chandrachud said the CJI will have to take a call as the bench will have to be reconstituted and assured to discuss it with the CJI.
With the matter not being listed Tuesday, the SG once again approached the court with the request.
During the previous hearings, the SC had the Centre explain what exercise it had undertaken to arrive at Rs 8 annual income criteria for being eligible for the quota.
Responding to this, the Centre told the court on November 25, 2021, that it will revisit the criteria and sought four weeks time to complete the exercise.
On December 31, the government filed an affidavit in the SC stating that it has accepted the recommendation made by a committee set up by it and decided to retain the Rs 8 lakh for the current admission cycle.
From the following admission cycle onwards, recommendations on how to apply the income limit will be implemented.
The petitions are challenging the Medical Counseling Committee’s (MCC) announcement of July 29 that provided 27% reservation for other backward classes (OBCs) and 10% for economically weaker sections (EWS).
SC’s tough warning to Delhi govt against pollution: “Giving you 24 hours”
The Supreme Court remarked today that despite the government’s assurances, air pollution in Delhi has grown, expressing disappointment with recent initiatives.
“We feel that nothing is happening and the pollution keeps increasing… only time is being wasted,” Chief Justice NV Ramana said during the hearing – this is the fourth straight week that the court heard arguments over the air crisis in the national capital and nearby cities.
Warning of strict action, the court gave a 24-hour ultimatum to centre, Delhi, and neighboring states to act against industrial and vehicular pollution – counted as the main causes behind the deteriorating air quality.
Delhi’s air quality deteriorated sharply last month after Diwali. Farm fires were also cited as a source – but that led to debates and blame games. A month on, the city is still gasping for air.
Chiding the Arvind Kejriwal government over the reopening of the schools, the top court said that “three-year-olds and four-year-olds are going to schools but adults are working from home”. “We will appoint somebody to administer your government,” Chief Justice Ramana said.
Lawyer Abhishek Manu Singhvi – representing the Delhi government – responded: “On schools, there is a lot of debate on ‘learning loss’. We reopened with the condition including the option for online.”
“You are saying you left it optional. But who wants to sit at home? We also have children and grandchildren. We know the problems they have been facing since the pandemic. If you don’t take action we will take strict action tomorrow. We are giving you 24 hours,” the Chief Justice said in sharp response.
Delhi schools reopened on Monday, about ten days after the closure over the air crisis.
The top court asked Mr Singhvi to “get instructions on what the Delhi government is doing on schools and offices.” Just hours the top court’s comments, Delhi announced “closure of schools till further orders”.
During the session, tough questions were raised about actions against industrial sites and vehicle entrance checks in Delhi. The body on air pollution, known as the Commission for Air Quality Management in the National Capital Region and Adjacent Areas, or CAQM, has “no power of enforcement, and no power of real prosecution,” according to Justice DY Chandrachud.
“When hearings on the issue started there was a certain AQI (Air Quality Index). If as many efforts as you are claiming have been made then why is pollution increasing? That is the simple question a layman will ask. So many arguments by lawyers and so many government claims. But why is pollution increasing?” the Chief Justice asked Solicitor General Tushar Mehta.
“In an emergency, you have to work actively and with creativity.
Do we have to tell the bureaucracy every time what is to be done? What is the point of a 20-30 members committee. We can’t enforce or infuse creativity into your bureaucracy. They have to think of measures themselves,” he added.
The focus should be less on optics and more on the action, it was suggested during the hearing as Justice Surya Kant said: “Nothing has been followed. While we came to the court there are people sitting in the middle of the road with banners of ‘Save environment’. that’s why we say…only popularity slogans.”