Editor's Pick: OBC quota in NEET upheld

The Supreme Court upheld the constitutional validity of reservation for OBC candidates in the All-India Quota (AIQ) seats in NEET. It held that it is the Centre's prerogative to provide reservation in AIQ seats though such a decision was subject to judicial review like every other reservation policy. The court said that the power of the government to provide reservation under Article 15 (4) and (5) of the Constitution is not an "exception" to Article 15 (1), according to which the "State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them". In July 2021, the Union Health Ministry had announced 27% reservation for OBCs and 10% for Economically Weaker Sections in the AIQ scheme. While there was no reservation in AIQ till 2007, that year the court had introduced reservation for Scheduled Castes and Scheduled Tribes in the scheme. When the Central Educational Institutions (Reservation in Admission) Act became effective in 2007, providing for uniform 27% reservations for OBCs, it became applicable in all Central educational institutions but not to the AIQ seats of State medical and dental colleges. The January 20, 2022 judgment was based on petitions filed by doctors against this July 2021 notification. While upholding the constitutional validity of reservation for OBCs in AIQ seats, the court elaborated on the concept of merit and observed that it is not of one's own making. It noted that "reservation is not at odds with merit" in open competitive exams. While open examinations present equality of opportunity to candidates, reservations ensure distribution of such opportunities, the court said. The court said privileges of the forward classes include not just having access to quality schooling and good coaching centres but also social networks and cultural communication, including good speaking skills, accent and academic accomplishments. All these ensure that children from forward classes take up jobs commensurate with the family's standing whereas first-generation learners from Other Backward Classes, who lack these, are placed at a disadvantage. Marks alone are not an indicator of merit, but also the resilience required to uplift oneself from conditions of deprivation. The Hindu editorial in August 2021 had called the government's July 2021 decision a "belated, but welcome development, as OBC candidates have been denied their due for years". As the court has upheld a government order that puts an end to a discriminatory policy, it is the top pick of the day. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor's Pick and more. Click hereThe Hindu's Editorials Court and compensation: On ex gratia to kin of COVID-19 victims Yemen’s tragedy Try out The Hindu's daily news quiz Who is the only Indian cricket player to feature in the ICC T20 teams for the year 2021? 1. Smriti Mandhana 2. Virat Kohli 3. Rohit Sharma 4. Harmanpreet Kaur To find out the answer and play the full quiz, click here. [logo] Editor's Pick 21 JANUARY 2022 [The Hindu logo] In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [Arrow]( [Open in browser]( [Mail icon]( [More newsletters]( OBC quota in NEET upheld [OBC quota in NEET upheld] The Supreme Court upheld the constitutional validity of [reservation for OBC candidates in the All-India Quota]( (AIQ) seats in NEET. It held that it is the Centre's prerogative to provide reservation in AIQ seats though such a decision was subject to judicial review like every other reservation policy. The court said that the power of the government to provide reservation under Article 15 (4) and (5) of the Constitution is not an "exception" to Article 15 (1), according to which the "State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them". In July 2021, the Union Health Ministry had announced 27% reservation for OBCs and 10% for Economically Weaker Sections in the AIQ scheme. While there was no reservation in AIQ till 2007, that year the court had introduced reservation for Scheduled Castes and Scheduled Tribes in the scheme. When the Central Educational Institutions (Reservation in Admission) Act became effective in 2007, providing for uniform 27% reservations for OBCs, it became applicable in all Central educational institutions but not to the AIQ seats of State medical and dental colleges. The January 20, 2022 judgment was based on petitions filed by doctors against this July 2021 notification. While upholding the constitutional validity of reservation for OBCs in AIQ seats, the court elaborated on the concept of merit and observed that it is not of one's own making. It noted that "reservation is not at odds with merit" in open competitive exams. While open examinations present equality of opportunity to candidates, reservations ensure distribution of such opportunities, the court said. The court said privileges of the forward classes include not just having access to quality schooling and good coaching centres but also social networks and cultural communication, including good speaking skills, accent and academic accomplishments. All these ensure that children from forward classes take up jobs commensurate with the family's standing whereas first-generation learners from Other Backward Classes, who lack these, are placed at a disadvantage. Marks alone are not an indicator of merit, but also the resilience required to uplift oneself from conditions of deprivation. [The Hindu editorial in August 2021]( had called the government's July 2021 decision a "belated, but welcome development, as OBC candidates have been denied their due for years". As the court has upheld a government order that puts an end to a discriminatory policy, it is the top pick of the day. [underlineimg] Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor's Pick and more. [Click here]( The Hindu's Editorials [Arrow][Court and compensation: On ex gratia to kin of COVID-19 victims]( [Arrow][Yemen’s tragedy]( [underlineimg] Try out The Hindu's daily news quiz Who is the only Indian cricket player to feature in the ICC T20 teams for the year 2021? 1. Smriti Mandhana 2. Virat Kohli 3. Rohit Sharma 4. Harmanpreet Kaur To find out the answer and play the full quiz, [click here](. 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