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The Supreme Court on Thursday pronounced its detailed order in NEET PG 2021 EWS & OBC All India Quota Reservation matter and stated that the Cental Government was not required to seek permission for granting reservation from this Court in regard to AIQ for OBC reservation.

Supreme Court in its interim order allowed NEET PG 2021 counseling to be conducted as per the notification issued by the Central Government while upholding the amended reservation(s) policy by the Government of India wherein a decision was taken to provide 27% reservation for OBCs in AIQ scheme for undergraduate and postgraduate medical/dental courses (MBBS / MD/ MS/ Diploma/ BDS/ MDS) from the current academic year 2021-22 onwards.

A bench of Justice DY Chandrachud and Justice Bela M Trivedi noted, "it cannot be said that the rules of the game were set when the examination dates decided."

The bench further said that "in EWS- we said that the arguments petitioner in EWS validity was not limited to share in AIQ but was also on basic criteria that is why it requires detailed hearing."

In connection with the OBC reservation, the bench further noted, "the reservation for the AIQ, Article 15(4) and 15(5) is not an exception to 15(1) and facets of substantive equality. Competitive examinations assess basic capabilities, which are also assessed by lived experiences. Merit should be socially contextualized."

While pronouncing the order, the Court said,

"The submissions necessitate an urgent order over the eligibility criteria for the reservation. The formulation would take some time. The reservation of OBC is upheld. We accept the recommendation of the Pandey Commission."

Additionally, a 10% reservation for the Economically Weaker Section (EWS) had also been proposed. 

"The validity of the criteria given by the Pandey Commission for EWS will be subject to the final hearing in the month of March.", said the bench.

The bench noted, "Counselling shall be conducted by giving effect to the reservation of the OM. Validity of the criteria by Pandey comm would prospectively be subject to the result of the petition in future."

The matter has now been listed for final hearing over the EWS reservation issue in the third week of March, 2022.

Case Title: Neil Nunes Aurelia Vs Union of India