A Bench of Justices DY Chandrachud and AS Bopanna said that competitive exams do not reflect economic social advantage which is accrued to some classes.
“Articles 15(4) and 15(5) are facets of substantive equality. Competitive exam do not reflect economic social advantage which is accrued to some classes. Merit should be socially contextualised. Reservation is not at odds with merit but furthers it’s distributive impact,” the Court said.
The order came on a petition challenging reservation for OBC and Economically Weaker Sections (EWS) introduced by the Central government in the AIQ seats in State government medical institutions.
The Court had, by way of a short order on January 7, upheld the reservation of 27 percent for OBCs in AIQ seats.
However, it had not given detailed reasons for the same, which it did today by way of the present order.
The Court in its order today said that the scheme of AIQ was devised to allot seats in State-run medical institutions.
“Centre was not required to seek permission of this court before granting reservation in AIQ seats and thus their decision was correct. We hold that reservations for OBC in AIQ for undergraduate and post graduate courses is constitutionally valid,” the order stated.
Source: Barandbench
