NEIL AURELIO NUNES & ORS. versus UNION OF INDIA & ORS

NEIL AURELIO NUNES & ORS. versus UNION OF INDIA & ORS

Reservation for OBC candidates in the AIQ seats for UG and PG medical and dental courses as introduced by the notice dated 29 July 2021 is constitutionally valid: Articles 15(4)/15(5) implement substantive equality and group-based reservation furthers distributive justice; merit must be socially contextualized and is not synonymous with raw exam scores; the Union has power under Article 15(5)/(6) to introduce reservation in AIQ seats; the notice did not impermissibly change selection criteria after the process began; and therefore the challenge to OBC reservation is rejected. The EWS identification criteria (OM No.36039/1/2019) raise substantial questions and are listed for final hearing,...

Parties
Petitioner: Neil Aurelio Nunes & Ors.; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
20 January 2022
Procedural Posture
Writ Petition (civil) No. 961 of 2021 / Final Judgment (merits and Interlocutory Directions)
Outcome
Challenge to constitutional validity of OBC reservation in AIQ seats introduced by notice dated 29 July 2021 rejected; EWS criteria implementation for 2021-22 allowed pending final adjudication
Legal Topics
Article 15(5), Article 15(6), Article 16(6), All India Quota (aiq), NEET Pg/neet UG, EWS Identification Criteria, OBC Creamy Layer, Merit and Substantive Equality
Constitutional Law Reservation Education Law Administrative Law Article 15(5) Article 15(6) Article 16(6) All India Quota (aiq) +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 22 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Neil Aurelio Nunes & Ors.

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) No. 961 of 2021 / Final Judgment (merits and Interlocutory Directions)

Legal Issues

  1. 1 Constitutionality of 27% OBC reservation in All-India Quota (AIQ) seats for UG and PG medical/dental courses introduced by notice dated 29 July 2021
  2. 2 Validity and arbitrariness of the criteria (OM No.36039/1/2019) for identification of Economically Weaker Sections (EWS) (Rs.8 lakh threshold and asset tests)
  3. 3 Whether the Union Executive required the permission of this Court to introduce reservation in AIQ seats created by earlier Supreme Court orders

Ratio Decidendi

Reservation for OBC candidates in the AIQ seats for UG and PG medical and dental courses as introduced by the notice dated 29 July 2021 is constitutionally valid: Articles 15(4)/15(5) implement substantive equality and group-based reservation furthers distributive justice; merit must be socially contextualized and is not synonymous with raw exam scores; the Union has power under Article 15(5)/(6) to introduce reservation in AIQ seats; the notice did not impermissibly change selection criteria after the process began; and therefore the challenge to OBC reservation is rejected. The EWS identification criteria (OM No.36039/1/2019) raise substantial questions and are listed for final hearing,...

Court Disposition

Challenge to constitutional validity of OBC reservation in AIQ seats introduced by notice dated 29 July 2021 rejected; EWS criteria implementation for 2021-22 allowed pending final adjudication

Orders

  • Notification dated 29 July 2021 implementing 27% OBC reservation (non-creamy layer) and 10% EWS reservation in 15% UG AIQ and 50% PG AIQ seats is permitted to be given effect for the 2021-2022 academic year
  • Counselling for NEET-UG 2021 and NEET-PG 2021 to proceed immediately applying the existing EWS criteria in O.M. No. 36039/1/2019 (including Rs.8,00,000 family income threshold and specified asset exclusions)