Reservation necessary for social justice’, Supreme Court’s decision on NEET case

The Supreme Court has issued its decision stating the reason for allowing OBC reservation in NEET PG admission. The reason why the EWS reservation was not banned by the top court, has also been given by the court in its decision. SC says that OBC reservation is valid in All India quota for NEET PG and UG admission. Articles 15(4) and 15(5) give fundamental equality to every citizen. Competitive exams do not reflect excellence, abilities of individuals. In such a situation, the socio-economic and cultural benefits accruing to certain classes may not be reflected.

The court said that a high score is not the only criterion for eligibility. There is a need to make the qualification relevant with respect to the social and economic background. The role of reservation in removing backwardness cannot be denied. The court has not held in earlier judgments that reservation in AIQ seats is barred. The Center was not required to seek the permission of this court before providing reservation in AIQ seats.

SC has clarified that earlier decisions have not stayed the reservation in UG and PG admissions. The court has also clarified that since the reservation and number of seats are not disclosed until after the examination, it cannot be said that the goalpost of seats has been changed. Judicial intervention at this stage would have delayed the admissions for this year so there is no bar on the range criteria for the 2021-22 batch.

The court will hear the issue of validity and eligibility status of EWS reservation in the third week of March. The court said, “We are still in the middle of a pandemic. Delay in recruitment of doctors would have affected the situation. Reservation is not against merit, but it is necessary for social justice. Pradeep Jain’s judgment in 1984 did not It can be read that no reservation is possible on AIQ seats.