Case Note & Summary
This judgment pertains to a batch of writ petitions challenging the reservation for Other Backward Classes (OBC) and Economically Weaker Section (EWS) in the All-India Quota (AIQ) seats for undergraduate and postgraduate medical courses. The AIQ scheme was devised by the Supreme Court in Dr. Pradeep Jain v. Union of India to provide domicile-free seats in state-run medical institutions. Under this scheme, 15% of UG seats and 50% of PG seats in state-run institutions are surrendered to the AIQ. The Directorate General of Health Services issued a notice on 29 July 2021 providing 27% reservation for OBC (non-creamy layer) and 10% reservation for EWS in these AIQ seats from the academic year 2021-2022. The petitioners argued that reservation in AIQ seats is impermissible as it compromises merit, and that the executive cannot introduce reservation without legislation. The court, after analyzing the history of the AIQ scheme and relevant constitutional provisions, held that reservation in AIQ seats is permissible and does not violate the principle of merit. The court noted that the AIQ scheme itself is a form of reservation and that the executive has the power to introduce reservation under Article 73 and Article 162 of the Constitution. The court also held that changing the rules of the game mid-course is impermissible, but since the reservation was implemented from the next academic year, it was valid. The court upheld the constitutional validity of the OBC reservation in AIQ seats and posted the challenge to the EWS criteria for final hearing.
Headnote
A) Constitutional Law - Reservation in All-India Quota - Permissibility of Reservation - The court examined whether reservation for OBCs in AIQ seats surrendered by states is permissible under the Constitution. Held that reservation in AIQ seats is permissible and does not violate the principle of merit, as the AIQ scheme itself is a form of reservation. (Paras 18-38) B) Constitutional Law - Executive Power - Reservation without Legislation - The court considered whether the executive can introduce reservation in AIQ seats without a specific law. Held that the executive has the power to introduce reservation in AIQ seats under Article 73 and Article 162 of the Constitution, and no legislation is required. (Paras 59-60) C) Constitutional Law - Changing Rules of the Game - Mid-Course Changes - The court addressed whether reservation can be introduced mid-academic year. Held that changing the rules of the game after the process has begun is impermissible, but since the reservation was implemented from the next academic year, it was valid. (Paras 61-65)
Issue of Consideration
Whether reservation for Other Backward Classes (OBC) and Economically Weaker Section (EWS) in All-India Quota (AIQ) seats for medical courses is constitutionally valid, and whether the executive can introduce such reservation without legislation.
Final Decision
The court upheld the constitutional validity of the OBC reservation in AIQ seats and posted the challenge to the validity of the EWS criteria for final hearing.
Law Points
- Reservation in All-India Quota seats is permissible
- Executive can introduce reservation in AIQ seats without legislation
- Changing rules of the game mid-course is impermissible
- OBC reservation in AIQ seats is constitutionally valid
