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Constitutional · Reportable judgment

Neil Aurelio Nunes & Ors. vs Union of India & Ors.

Court
Supreme Court of India
Date
7 January 2022
Case No.
Writ Petition (C) No. 961 of 2021
Bench
D.Y. Chandrachud, A.S. Bopanna
Citation
[2022] 1 S.C.R. 970 : 2022 INSC 21
Supreme Court Reports [2022] 1 S.C.R. 970 : 2022 INSC 21
Headnote

Education – Reservation – National Eligibility cum Entrance Test (NEET)– Notice issued implementing reservation for OBC (noncreamy layer) and Economically Weaker Section (EWS) categories in the All India Quota (AIQ) seats – Challenge to – Held: A detailed interim order on the applicability of the EWS criteria as notified by OM 2019 for NEET-PG 2021 is necessitated – Validity of the OBC reservation in the AIQ seats in NEET-PG and NEET-UG is upheld – Counselling on the basis of NEET-PG 2021 and NEET-UG 2021 be conducted by giving effect to the reservation as provided by the notice, including the 27 per cent reservation for the OBC category and 10 per cent reservation for EWS category in the AIQ seats – Further, the recommendation of Pandey Committee (formed by Union Government to review the criteria for identifying EWS) that the criteria stipulated in OM 2019 be used for 2021-2022 is accepted – The criteria for the determination of the EWS notified by OM 2019be used for identifying the EWS category for candidates who appeared for NEET-PG 2021 and NEET-UG 2021 examinations – 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 – Petitions be listed for final hearing on the validity of the EWS criteria as recommended by the Pandey Committee.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Order of the Court was passed by DR. DHANANJAYA Y CHANDRACHUD, J. 1. There is a challenge, in this batch of petitions under Article 32 of the Constitution, to a notice which was issued by the Directorate General of Health Services in the Union Ministry of Health and Family Welfare on 29 July 2021. The notice implements a 27 per cent reservation for Other Backward Classes1 (non-creamy layer) and a 10 per cent reservation for the Economically Weaker Section,2 while filling up 15 per cent undergraduate and 50 per cent post-graduate3 All India Quota4 seats in pursuance of the National Eligib
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