Supreme Court of India upholds OBC reservation in NEET

Supreme Court of India upheld OBC reservation in National Eligibility Entrance Test. Special Bench comprising of Justice DY Chandrachud and Justice AS Bopanna said that reservation plays an important role in ensuring social equality.  The hon’ble court is of the opinion that 27% OBC reservation in PG and UG courses of All India Quota in NEET is constitutionally valid as per Article 15(4) and Article 15(5). These constitutional provisions render moral equality to every citizen of India.

The Supreme Court pointed out that reservation and merit are not antithesis of each other. A person’s performance in a competitive exam does not represent his/ her capabilities. In name of merit, we cannot turn a blind eye to social, economic and cultural privileges available to some classes.  Therefore, OBC reservation is upheld to ensure social justice.

It has also been pointed out that the Union Government is not bound to consult with the Supreme Court for making any law related to OBC reservation.

On 7 January 2022, the Hon’ble Court delivered its judgement on NEET OBC reservations. The court decided to sustain the existing 27% OBC reservation and 10% EWS reservation in the All-India Quota for NEET UG and PG. The court also clarified that its earlier judgments did not block the OBC reservations in NEET. Further, the matter related to economic limit in EWS reservation will be heard in the third week of March.

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