SC upholds the validity of OBC reservation in the AIQ seats in NEET-PG and NEET-UG [Read Judgment]

30 Jan 2022

By : Ayesha

The Division Bench of the Supreme Court consisting of Justices DY Chandrachud and AS Bopanna upheld the validity of Other Backward Classes (OBC) reservation in the All India Quota (AIQ) seats in NEET-PG and NEET-UG.

Facts

In this batch of petitions under Article 32 of the Constitution, a notice was issued by the Directorate General of Health Services in the Union Ministry of Health and Family Welfare was challenged, which implements a 27% reservation for OBC (non-creamy layer) and a 10% reservation for the Economically Weaker Section (EWS), while filling up 15% undergraduate and 50% post-graduate AIQ seats in pursuance of the National Eligibility cum Entrance Test (NEET). The notice takes effect from the current admission year, 2021-2022. The petitioners are doctors who appeared in the NEET- PG 2021 examination.

Procedural History and Contentions Made

The NEET-PG results were announced on 28^th September 2021. Arguments were heard in part on 7^th October 2021.

It was argued that there cannot be any reservation for the OBC and EWS category in the AIQ seats in NEET-PG and that the criteria for the determination of the EWS category was unconstitutional. By an order, this Court sought clarifications regarding the criteria of using Rs 8 lakhs as the cut - off income limit for identifying EWS. Two weeks were granted to the Union Government to file an affidavit in this regard. On the next hearing, the Union Government had not filed the affidavit. The ASG, Mr KM Nataraj informed this Court that an affidavit will be filed within two days. By an order this Court then formulated issues requiring the Union Government to disclose the rationale for the adoption of the criteria used to identify the EWS. On 25^th October 2021, the Union Government of its own accord deferred the counselling due to the pendency of the petitions. Thereafter, the Union Government filed an affidavit justifying the EWS criteria stating that the criteria was adopted after due deliberation within the Ministry of Social Justice and Empowerment and all the concerned stakeholders. When the matter was listed for hearing, the Solicitor General sought an adjournment and requested that the petitions be heard after Diwali. On 25^th November 2021, this Court was informed by the Solicitor General that the Union Government has taken a considered decision to revisit the criteria for determining the EWS and requested four weeks to complete this exercise, which was acceded to by this Court. The Union Government formed a committee to review the criteria for identifying EWS which then submitted its report. Thereafter, the Union Government filed an affidavit before this Court accepting the recommendations of the Committee including the recommendation that the existing criteria for identifying EWS be retained for the present admission year 2021-2022. The petitions were taken up for urgent hearing by this Court on 5^th January 2022 after a request was made by the Solicitor General. It was submitted on behalf of the Union Government that the OBC and EWS reservation (with the old criteria according to OM 2019) be allowed to be implemented for the current admission year of 2021.

Judgment

The validity of the OBC reservation in the AIQ seats in NEET-PG and NEET-UG was upheld for reasons to follow. In the meantime, an urgent need was felt to commence the process of Counselling. Hence the following operative directions were issued:

The recommendation of the Pandey Committee was accepted that the criteria which have been stipulated in OM 2019 be used for 2021-2022 to ensure that the admission process is not dislocated.
Counselling based on NEET-PG 2021 and NEET- UG 2021 shall be conducted by giving effect to the reservation as provided by the notice dated 29 July 2021, including the 27 per cent reservation for the OBC category and 10 per cent reservation for EWS category in the AIQ seats.
The criteria for the determination of the EWS notified by OM 2019 shall be used for identifying the EWS category for candidates who appeared for the NEET-PG 2021 and NEET-UG 2021examinations
The validity of the criteria determined by the Pandey Committee for identification of EWS would prospectively for the future be subject to the result of the petitions.
The petitions shall be listed for final hearing on the validity of the EWS criteria as recommended by the Pandey Committee in the third week of March 2022.