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2022 Supreme(SC) 811
SUPREME COURT OF INDIA
DHANANJAYA Y. CHANDRACHUD, A.S. BOPANNA, JJ.
Neil Aurelio Nunes and Ors. - Petitioners
Versus
Union of India and Ors. - Respondents
Writ Petition (C) No. 961 of 2021 With Writ Petition (C) No. 967 of 2021 With Writ Petition (C) No. 1002 of 2021 With Writ Petition (C) No. 1021 of 2021 And With Writ Petition (C) No. 1105 of 2021
Decided On : 20-01-2022
For the Petitioner(s): Mr. Subodh S. Patil, AOR Mr. Vivek Singh, AOR Mr. Ramesh Allanki, Adv. Mr. Vivek Singh, AOR In W.P. (C) No. 961/2021 : Mr Arvind Datar, Sr Adv Dr Charu Mathur, AOR Ms Tanvi, Adv. Mr Sanjay Kumar Dubey, Adv. Mr Rahul Unnikrishnan, Adv. Mr Malak Bhatt, Adv. In W.P.(C) No. 967/2021 Mr Arvind Datar, Sr Adv Dr Charu Mathur, AOR Ms Tanvi, Adv. Mr Sanjay Kumar Dubey, Adv Mr Rahul Unnikrishnan, Adv Mr Malak Bhatt, Adv. In W.P.(C) No. 1105/2021 Dr Charu Mathur, AOR Ms Tanvi, Adv. Mr Sanjay Kumar Dubey, Adv.
For theRespondent(s): Mr. Gurmeet Singh Makker, AOR Mr. Maninder Singh, Sr. Adv. Mr. Gaurav Sharma, AOR Mr. Kirtman Singh, Adv Mr. Waize Ali Noor, Adv. Mr. Dhawal Mohan, Adv Mr. Prateek Bhatia, Adv Ms. Srirupa Nag, Adv. Mr. Taha Yasin, Adv Mr. Amrish Kumar, AOR Mr. R. Nedumaran, AOR Mr. A. Mariarputham, Sr. Adv. Mr. V. Krishnamurthy, Sr. Adv./AAG Dr. Joseph Aristotle S., AOR Mr. V. K. Biju, AOR Ms. Ria Sachthey, Adv. Mr. Chetanya Singh, Adv. Mr. Amlendu Kumar Akhilesh Kumar Jha, Adv. Mr. Shaji George, Adv. Ms. Vijay Laxmi, Adv. Ms. Archana Pathak Dave, AOR Mr. Kumar Prashant, Adv. Ms. Vanya Gupta, Adv. Mr. Avnish Dave, Adv. Mr. Parmod Kumar Vishnoi, Adv. Ms. Himanshi Shakya, Adv. Mr. Devashish Bharuka, AOR Mr. Mithu Jain, AOR Mr. Subodh S. Patil, AOR Mr. Shashank Ratnoo Adv. Mr. Vikram Hegde,AOR Mr. Shantanu Lakhotia, Adv.
Headnote:(A) Constitution of India - Articles 15(6) and 16(6) - Reservation for Economically Weaker Sections (EWS) - The validity of criteria for determining EWS challenged regarding a family income limit of Rs. 8 lakhs. It was argued that such criteria is arbitrary given disparities between states and economic standing. Court required clearer evidence of criteria determination by the Union Government and noted it must comply with constitutional provisions. (Paras 3, 6, 21, 30)
(B) Judicial Review - The scope is limited; only determine if the government's decision is so unreasonable that no reasonable person would make it. Court emphasized not intervening in policy unless criteria appears grossly unfair, allowing EWS reservations for ongoing admissions to prevent disruption. (Paras 27, 30, 31)
Facts of the case:
The petitioners challenged the constitutionality of reservations for OBC and EWS in NEET-PG seats. The Union Government implemented these reservations post the 103rd Constitutional Amendment without adequate verification of the income criteria's legitimacy, prompting this review.
Findings of Court:
OBC reservation upheld, while the EWS criteria will remain until a detailed hearing in March 2022.
Issues: The main issue is whether the Rs. 8 lakhs income ceiling for EWS is arbitrary, disregarding economic disparities and needs.
Ratio Decidendi: The court mandated clarity on the processes used to establish EWS criteria, highlighting failure to balance inclusion/exclusion principles.
Result: Reservations for EWS upheld for the current academic session.
| Table of Content |
|---|
| 1. challenge to ews criteria and legislative background (Para 1 , 2 , 3 , 4 , 5) |
| 2. issues and clarifications sought by the court (Para 6 , 7) |
| 3. government's rationale behind ews criteria (Para 8 , 11) |
| 4. findings of major sinho commission (Para 9 , 10) |
| 5. pandey committee's recommendations (Para 12 , 14) |
| 6. arguments against ews criteria (Para 24 , 25 , 26) |
| 7. court's interim order on ews reservation (Para 27 , 28 , 29 , 30 , 31) |
ORDER :
This order has been divided into the following sections to facilitate analysis:
| A. | Genesis of the Controversy | 3 |
| B. | Issues raised by this Court | 6 |
| C. | The Initial Stand of the Union Government | 8 |
| D. | Major Sinho Commission Report | 11 |
| E. | Union Government’s Decision to Revisit the EWS Criteria | 13 |
| F. | The Findings of the Pandey Committee | 14 |
| G. | Submissions of Counsel | 22 |
| H. | Analysis | 33 |
A. Genesis of the Controversy
1. These writ petitions challenge the reservation for Other Backward Classes,1[“OBC”] and Economically Weaker Section,2[“EWS”] in the All India Quota,3[“AIQ”] seats in the National Eligibility cum Entrance Test (Post Graduate) examination,4[“NEET-PG”]. The criteria for the determination of the EWS for the ten percent reservation in pursuance of The Constitution (One Hundred and Third Amendment) Act 2019 has come under challenge. The permissibility of reservations in the AIQ seats has been addressed in the judgment dated 20 January 2022. This order will only deal with the challenge to the criteria for determination of the EWS category.
2. An information brochure was released on 23 February 2021 scheduling the NEET-PG 2021 examination on 18 April 2021. The registration process commenced on 23 February 2021 and the last date for registration was 15 April 2021. However, in view of the second wave of the COVID-19 pandemic, the Ministry of Health and Family Welfare,5[“MoHFW”] issued a notice dated 15 April 2021 postponing the examination until further notice. By an official statement issued on 3 May 2021, the NEET-PG 2021 examination was postponed by another four months. The National Board of Examinations in Medical Sciences, New Delhi issued a notice on 13 April 2021 rescheduling the NEET-PG 2021 examination to 11 September 2021. The Directorate General of Health Services, MoHFW issued a notice on 29 July 2021 to implement 27 percent OBC reservation (non-creamy Layer) and 10 percent EWS reservation in the 15 percent undergraduate,6[“UG”] and 50 percent PG AIQ seats in the current academic session of 2021-22. The notice stated thus:
“NOTICE
Urgent Attention Candidates of NEET-UG and NEET-PG:
It has been decided by the Government of India to implement 27% OBC reservation (Non-creamy later) and 10% EWS reservation in the 15% AIQ UG seats and the 50% All India Quota seats (MBBS/BDS and MD/MS/MDS) (contributed by the State/UTs). This reservation will take effect from the current Academic session 2021-22.
Consequently, the overall reservation in 15% UG and 50% PG All India Quota seats would be as follows:
SC-15%
ST-7.5%
OBC (Non-creamy layer) as per the Central OBC list-27%
EWS- as per the Central Government Norms-10%
PwD-5% Horizontal Reservation as per NMC Norms”
3. The Constitution was amended by the Constitution (One Hundred and Third Amendment) Act 2019, including Articles 15(6) and 16(6). Article 15(6) states that special provisions (including reservation) shall be made for the advancement of the EWS category in classes “other than the classes mentioned in clauses (4) and (5)”. An explanation to Article 15 was also included by the constitutional amendment which reads as follows:
“Explanation- For the purposes of this article and article 16, “economically weaker sections” shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage”
4. T
