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

Source-derived case information.

Parties: Petitioner: Neil Aurelio Nunes & Ors.; Respondent: Union of India & Ors.
Jurisdiction: India
Judgment Date: 07 January 2022
Procedural Posture: Writ Petition (c) No. 961 of 2021 / Interim Order (directions Issued); Matter Listed for Final Hearing in March 2022
Outcome: Interim directions issued permitting counselling to proceed for NEET-PG 2021 and NEET-UG 2021 with reservations as per notice dated 29 July 2021; matter listed for final hearing in March 2022
Legal Topics: NEET, EWS Criteria, OBC Reservation, All India Quota, Counselling

Education Reservation NEET EWS Criteria OBC Reservation All India Quota Counselling

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Parties

Neil Aurelio Nunes & Ors.

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (c) No. 961 of 2021 / Interim Order (directions Issued); Matter Listed for Final Hearing in March 2022

Legal Issues

1 Validity of notice dated 29 July 2021 implementing 27% OBC and 10% EWS reservation in AIQ seats
2 Constitutionality and validity of the EWS identification criteria notified by OM 36039/1/2019
3 Applicability of OBC and EWS reservations to NEET-PG 2021 and NEET-UG 2021 AIQ seats

Ratio Decidendi

The Court upheld the validity of OBC reservation in AIQ seats for NEET-PG and NEET-UG and, as an interim measure, directed that counselling for NEET-PG 2021 and NEET-UG 2021 proceed giving effect to the notice dated 29 July 2021, including 27% OBC and 10% EWS reservations, and directed that the EWS identification criteria in OM 2019 be used for the 2021-2022 admission year as recommended by the Pandey Committee, while reserving final adjudication on the future validity of those criteria.

Court Disposition

Interim directions issued permitting counselling to proceed for NEET-PG 2021 and NEET-UG 2021 with reservations as per notice dated 29 July 2021; matter listed for final hearing in March 2022

Orders

Pandey Committee recommendation accepted that criteria in OM 2019 be used for 2021-2022
Counselling on basis of NEET-PG 2021 and NEET-UG 2021 to be conducted giving effect to reservation in notice dated 29 July 2021 including 27% OBC and 10% EWS in AIQ seats

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