Supreme Court Issues Notice In Pleas Challenging 27% OBC, 10% EWS Reservations In NEET All India Quota

A bench comprising Justices DY Chandrachud, Vikram Nath and Hima Kohli issued notice in the petition, which also seeks to quash the notification dated July 29, 2021, issued by Medical Counselling Committee for providing the implementation of the said reservation policy.

The petition had also sought a stay on the effect and operation of the July 29 notification and for issuing directions for the constituting committee of experts to examine modalities relating to the current reservation policy.

On July 29, 2021 the Government of India decided to provide 27% reservation for OBC's and 10% reservation for Economically Weaker Section (EWS) in All India Quota Scheme for undergraduate and postgraduate medical/dental courses (MBBS/MD/MS/Diploma/BDS/MDS).

Appearing for petitioners in the case Neil Aurelio Nunes and Ors v. Union of India and Ors, Senior Advocate Arvind Datar submitted that the policy was against Madras High Court order.

"This is against Madras HC's order. It raises a question as to whether the 8 lakh should be criteria for considering EWS category. The next is whether there should be horizontal or vertical reservation," Senior Advocate Arvind Datar also submitted.

The writ argued that the overall reservation for 15% UG and 50% PG All India Quota seats would cause unlawful deprivation of the fundamental rights of the doctors guaranteed under the Constitution of India.

"50% ceiling is based on principle of equality to prevent reverse discrimination which is as much a principle that the Constitution records to equality as anything else," the petition said.

It was averred in the petition that the matter pertaining to EWS quota was pending before the a 5 judge bench of the Supreme Court following the reference made in the case Janhit v Union of India and has not been taken up yet.

"Therefore unless the issue is adjudicated by the Supreme Court the policy is ultra vires as against the 50% ceiling in Indra Sawhney and Martha Reservation case. The impugned decision is unconstitutional as it breaches the 50% ceiling limit imposed on reservations as laid down by the court in catena of landmark judgements," the petition said.

The Court also issued notice in another writ petition seeking the similar relief (Dr Yash Tekwani and Others).

Appearing for the doctors who had also sought directions to the Central Government to proceed with NEET PG 2021 sans reservation criteria with effect from current academic session 2021-22, Senior Advocate Vikas Singh submitted that the Top Court in Pradeep Jain case had held that there would be no reservation in higher degree courses.

"There cannot be more quotas as you go up," Senior Counsel also contended.

Upon Senior Counsel's submissions, Justice DY Chandrachud remarked, "That will have to be examined."

The petitioners were represented through Dubey Law Associates and the writ was filed through Advocate on Record Charu Mathur.

Recently, the Madras High Court had observed that the EWS reservation in NEET AIQ can be implemented only with the approval of the Supreme Court.

Case Title: Neil Aurelio Nunes & Ors v Union of India and Ors and Yash Tekwani and Ors v. Medical Counselling Committee and Ors

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