1. Introduction

The case of Neil Aurelio Nunes And Others v. Union Of India And Others adjudicated by the Supreme Court of India on January 20, 2022, centers around the constitutional validity of reservation criteria for the Economically Weaker Section (EWS) in the All-India Quota (AIQ) seats of the National Eligibility cum Entrance Test (Post Graduate) examination (NEET-PG). The petitioners, comprising medical professionals who appeared for NEET-PG 2021, challenged the government's criteria for determining EWS eligibility, particularly questioning the income threshold set at Rs 8 lakhs.

2. Summary of the Judgment

The Supreme Court, addressing the writ petitions filed by the petitioners, primarily focused on the validity of the EWS reservation criteria as laid down in the Ministry of Personnel's Order (OM) No. 36039/1/2019. The Court recognized the settlement of OBC reservations but deferred the constitutional scrutiny of the EWS criteria. It allowed the implementation of EWS reservations for the academic year 2021-2022 based on the existing criteria, directing that final adjudication on the matter be reserved for a later date.

3. Analysis

3.1 Precedents Cited

The judgment references several key precedents:

• Indra Sawhney v. Union of India (1992): Established the benchmark for reservation policies, including the concept of the “creamy layer” and affirming reservations not exceeding 50%.
• Shantistar Builders v. Narayan Khimalal Totame (1990): Recognized the "means test" as a viable method for identifying weaker sections.
• Pradeep Jain v. Union of India (1984): Affirmed the parity in reservation policies across different streams in medical and dental courses.
• B.K. Pavitra v. Union of India (2019): Clarified the extent of judicial review over reservation criteria, introducing the “Barium Chemicals Test” to assess governmental policies.

3.2 Legal Reasoning

The Court deliberated on whether the criteria set for EWS reservation were arbitrary and unconstitutional. Key points in its reasoning included:

• The demonstration that the Union Government had undertaken substantial deliberation, including referencing the Major Sinho Commission Report and the Pandey Committee findings.
• Recognition of the practical challenges in varying income thresholds across diverse economic landscapes in India, leading to a uniform Rs 8 lakhs criterion.
• Balancing the need for timely admissions in the medical field, especially amidst the COVID-19 pandemic, against the legal scrutiny of reservation criteria.
• Emphasis on the dynamic nature of EWS as a socio-economic category, justifying the reliance on income-based criteria over multi-faceted indicators.

3.3 Impact

This judgment has significant implications:

• Immediate Implementation: Permits the continuation of EWS reservations under the existing criteria for the current academic year, ensuring that the admission processes are not disrupted.
• Future Scrutiny: Allocates the final decision on the constitutionality of the EWS criteria to a future hearing, keeping the legal debate open and unresolved.
• Policy Guidance: Upholds the government's discretion in policy formulation regarding reservations, provided they are backed by substantial administrative deliberation.
• Uniform Criteria: Reinforces the use of a standardized income threshold across India for EWS identification, setting a precedent against region-specific criteria.

4. Complex Concepts Simplified

4.1 Economically Weaker Section (EWS)

EWS refers to individuals or families from the general category who fall below certain economic thresholds, making them eligible for reservations in educational institutions and public employment. The criteria for EWS typically include family income and asset holdings.

4.2 Creamey Layer

The “creamy layer” concept applies to OBC categories, identifying those who have availed themselves of the benefits of reservations to such an extent that they are economically advanced and thus ineligible for further benefits.

4.3 All-India Quota (AIQ)

AIQ seats are a fixed percentage of seats in educational institutions reserved for candidates from specific categories, irrespective of the state or region they belong to.

4.4 Minor Terms of the Judgment

• OM No. 36039/1/2019: The official order defining the criteria for EWS eligibility.
• Major Sinho Commission: A committee established to assess the feasibility and criteria for EWS identification.
• Pandey Committee: Formed to revisit and recommend revisions to the existing EWS criteria.

5. Conclusion

The Supreme Court's interim decision in Neil Aurelio Nunes And Others v. Union Of India And Others endorses the government's current EWS reservation criteria, particularly the Rs 8 lakhs income threshold, for the ongoing academic year. While the Court deferred the comprehensive constitutional evaluation of these criteria, it underscored the necessity for non-interruption in essential services amidst a public health crisis. This judgment underscores the judiciary's role in balancing equitable access to education with administrative pragmatism, setting the stage for further legal scrutiny and potential refinements in reservation policies.