Supreme Court allows OBC and EWS Reservations for NEET Admissions 2021-22: Neil Aurelio Nunes & Ors. vs. Union of India & Ors. (2022) INSC 21 (07 January 2022)

Date of the Judgment: 07 January 2022
Citation: 2022 INSC 21
Judges: Dr Dhananjaya Y Chandrachud, J and AS Bopanna J.

Can reservations for Other Backward Classes (OBC) and Economically Weaker Sections (EWS) be implemented in the All India Quota (AIQ) seats for the National Eligibility cum Entrance Test (NEET)? This question was at the heart of a recent Supreme Court case concerning admissions to postgraduate medical courses. The Supreme Court, in its interim order, has allowed the implementation of OBC and EWS reservations for the 2021-2022 NEET admissions, while deferring the final decision on the validity of the EWS criteria. This order was delivered by a two-judge bench comprising Justice Dr. Dhananjaya Y Chandrachud and Justice AS Bopanna.

Case Background

The case originated from a challenge to a notice issued by the Directorate General of Health Services on July 29, 2021. This notice implemented a 27% reservation for OBC (non-creamy layer) and a 10% reservation for EWS candidates in the 15% undergraduate and 50% postgraduate AIQ seats for NEET. Several doctors who appeared for the NEET-PG 2021 examination filed petitions against this notice, arguing that these reservations were not permissible and that the criteria for determining EWS were unconstitutional.

Timeline:

Course of Proceedings

The petitions were filed on August 24, 2021, challenging the notice dated July 29, 2021. The Supreme Court issued a notice on September 6, 2021. After the NEET-PG results were announced on September 28, 2021, the Court heard initial arguments on October 7, 2021. The Court then sought clarifications from the Union Government regarding the criteria for determining EWS, particularly the use of an Rs 8 lakh income limit, as specified in Office Memorandum (OM) 36039/1/2019. The Union Government initially deferred counseling and then filed an affidavit justifying the EWS criteria. Subsequently, the government decided to revisit the EWS criteria and formed a committee for this purpose. The committee submitted its report, and the government accepted the recommendation to retain the existing criteria for the 2021-2022 admission year.

Legal Framework

The core legal issue revolves around the implementation of reservations for OBC and EWS categories in the All India Quota (AIQ) seats for NEET. The notice dated 29 July 2021, issued by the Directorate General of Health Services, sought to implement these reservations. The EWS criteria were initially based on Office Memorandum (OM) 36039/1/2019, which set an annual income limit of Rs 8 lakhs. The challenge was based on the constitutional validity of these reservations and the criteria for determining EWS.

Arguments

The petitioners, primarily doctors who appeared for NEET-PG 2021, argued against the implementation of OBC and EWS reservations in AIQ seats. Their arguments were based on the premise that these reservations were not permissible and that the criteria for determining EWS were unconstitutional. They specifically challenged the Rs 8 lakh income limit set by the OM 2019 for identifying EWS candidates. The petitioners also argued that the EWS criteria did not adequately identify the economically disadvantaged and that the criteria was arbitrary.

On the other side, the Union Government defended the reservations and the EWS criteria. They argued that the criteria were adopted after due deliberation and consultation with stakeholders. The Union Government also stated that the criteria were in line with the constitutional mandate to provide reservations for socially and economically backward classes. The State of Tamil Nadu and other intervenors supported the reservations, emphasizing the need to ensure social justice and equity.

The arguments can be summarized as follows:

Issues Framed by the Supreme Court

The Supreme Court did not explicitly frame issues in this interim order. However, the core issues that emerged from the arguments and the course of proceedings were:

✓ Whether the implementation of OBC and EWS reservations in AIQ seats for NEET is permissible.

✓ Whether the criteria for determining EWS, particularly the Rs 8 lakh income limit, as notified by OM 2019, is constitutionally valid.

Treatment of the Issue by the Court

The Supreme Court, in its interim order, addressed the issue of the implementation of OBC and EWS reservations for the 2021-2022 NEET admissions. The Court accepted the recommendation of the Pandey Committee to use the criteria stipulated in OM 2019 for the current admission year. This effectively allowed the implementation of 27% reservation for OBC and 10% reservation for EWS categories in the AIQ seats. The Court, however, made it clear that the validity of the EWS criteria would be subject to the final result of the petitions, which would be heard in the third week of March 2022.

Authorities

The Supreme Court did not cite any specific cases or books in this interim order. The primary authority considered was the Office Memorandum (OM) 36039/1/2019, which provided the initial criteria for determining EWS. The Court also considered the report of the Pandey Committee, which recommended retaining the existing EWS criteria for the 2021-2022 admission year.

Judgment

How each authority was viewed by the Court?

✓ The Court accepted the recommendation of the Pandey Committee to use the criteria stipulated in OM 2019 for the 2021-2022 admissions. The Court used this to allow the implementation of the reservations for the current admission year.

What weighed in the mind of the Court?

The Supreme Court’s decision to allow OBC and EWS reservations for the 2021-2022 NEET admissions was primarily driven by the need to avoid further delays in the admission process. The Court emphasized that the counselling process needed to commence urgently, and any further delay would be detrimental to the candidates. The Court also considered the fact that the Union Government had already conducted the NEET examinations based on the existing criteria. The Court also took into account the report of the Pandey Committee, which recommended retaining the existing EWS criteria for the current admission year.

Logical Reasoning:

The Court did not delve into alternative interpretations in this interim order. The primary focus was on the need to commence the counselling process and to avoid further delay. The Court, however, made it clear that the validity of the EWS criteria would be subject to the final decision in March 2022.

The decision was to allow the implementation of the OBC and EWS reservations for the 2021-2022 NEET admissions based on the existing criteria, while deferring the final decision on the validity of the EWS criteria.

The reasons for the decision were:

✓ The need to commence the counselling process urgently.

✓ The need to avoid further delay and dislocation of the admission process.

✓ The acceptance of the Pandey Committee’s recommendation to retain the existing EWS criteria for the current admission year.

“We accept the recommendation of the Pandey Committee that the criteria which have been stipulated in OM 2019 be used for 2021-2022 in order to ensure that the admission process is not dislocated.”

“Counselling on the basis of 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 validity of the criteria determined by the Pandey Committee for identification of EWS would prospectively for the future be subject to the final result of the petitions.”

There were no majority or minority opinions in this interim order. Both judges concurred on the decision.

The Court’s reasoning was based on the need to balance the interests of the candidates with the need to ensure social justice. The Court recognized the importance of allowing the admission process to commence without further delay, while also acknowledging the need to address the concerns raised about the EWS criteria.

The potential implications for future cases are that the Supreme Court will have to decide on the validity of the EWS criteria in the final hearing in March 2022. The decision in the final hearing will have a significant impact on the implementation of EWS reservations in future admissions.

No new doctrines or legal principles were introduced in this interim order. The Court primarily focused on the practical aspects of the admission process and the need to avoid further delay.

Key Takeaways

• ✓ OBC and EWS reservations will be implemented for the 2021-2022 NEET admissions in the All India Quota seats.
• ✓ The existing EWS criteria, including the Rs 8 lakh income limit, will be used for the current admission year.
• ✓ The validity of the EWS criteria will be subject to the final decision of the Supreme Court in March 2022.

The potential future impact is that the Supreme Court’s decision in March 2022 will have a significant effect on the implementation of EWS reservations in future admissions. The Court will have to decide whether the existing EWS criteria are constitutionally valid and whether any changes need to be made.

Directions

The Supreme Court gave the following directions:

✓ The criteria stipulated in OM 2019 be used for 2021-2022 admissions to ensure the admission process is not dislocated.

✓ Counselling for NEET-PG 2021 and NEET-UG 2021 shall be conducted by giving effect to the reservations as provided by the notice dated 29 July 2021, including 27% for OBC and 10% for EWS in AIQ seats.

✓ The EWS criteria notified by OM 2019 shall be used for identifying EWS candidates for the 2021-2022 NEET exams.

✓ The validity of the EWS criteria determined by the Pandey Committee will be subject to the final result of the petitions.

✓ The petitions will be listed for final hearing in the third week of March 2022.

Development of Law

The ratio decidendi of this case is that the Supreme Court allowed the implementation of OBC and EWS reservations for the 2021-2022 NEET admissions based on the existing criteria, while deferring the final decision on the validity of the EWS criteria. This is an interim order, and the final position of the law will be determined in the final hearing in March 2022.

Conclusion

In conclusion, the Supreme Court’s interim order has allowed the implementation of OBC and EWS reservations for the 2021-2022 NEET admissions, providing relief to many candidates. However, the final decision on the validity of the EWS criteria remains pending, and the Court’s decision in March 2022 will have a significant impact on the future of reservations in medical admissions.

Category:

✓ Education Law

✓ NEET Admissions

✓ Reservation Policy

✓ OBC Reservation

✓ EWS Reservation

✓ Constitutional Law

✓ Article 32

✓ Social Justice

✓ Backward Classes

✓ Economically Weaker Sections

FAQ

Q: What is the case about?

A: The case is about the implementation of reservations for Other Backward Classes (OBC) and Economically Weaker Sections (EWS) in the All India Quota (AIQ) seats for the National Eligibility cum Entrance Test (NEET) for medical admissions.

Q: What did the Supreme Court decide?

A: The Supreme Court, in its interim order, allowed the implementation of OBC and EWS reservations for the 2021-2022 NEET admissions based on the existing criteria. The final decision on the validity of the EWS criteria will be made in March 2022.

Q: What is the EWS criteria?

A: The EWS criteria is based on Office Memorandum (OM) 36039/1/2019, which sets an annual income limit of Rs 8 lakhs. This criteria will be used for the 2021-2022 NEET admissions.

Q: What happens next?

A: The Supreme Court will hear the case again in March 2022 to decide on the validity of the EWS criteria. The final decision will have a significant impact on the future of EWS reservations in medical admissions.

Q: Will this affect the NEET counselling process?

A: Yes, the Supreme Court’s order allows the NEET counselling process to commence based on the OBC and EWS reservations. The counselling process will be conducted as per the notice dated 29 July 2021.