Supreme Court of India
Neil Aurelio Nunes & Ors. v. Union of India & Ors
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4 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the reservation for OBC candidates in the AIQ seats for UG and PG medical and dental courses is constitutionally valid for the following reasons: (i) Articles 15(4) and 15 (5) are not an exception to Article 15 (1), which itself sets out the principle of substantive equality (including the recognition of existing inequalities).
Judgment, page 76
From the headnote
Constitution of India – Arts. 15(1), 15(4), 15(5), 16(1) and 16(4) – Reservation – National Eligibility cum Entrance Tes t (NEET) – Reservation for Other Backward Classes-OBC (non-creamy la yer) in the All-India Quota (AIQ) seats in NEET for undergraduate and postgraduate medical courses – Held: Reservation fo r OBC candidates in the AIQ seats for UG and PG medical a nd dental courses is constitutionally valid – Articles 15(4) and 15 (5 ) are not an exception to Article 15 (1), which itself sets out the p rinciple of substantive equality (including the recognition of existing inequalities) –
Authorities it was built on
- 1999 Dr. Preeti Srivastava and Anr. Etc. Etc. v. The State of Madhya Pradesh and Ors.
- 2008 K. Manjusree v. State of Ap. & Anr.
- 1975 State of Kerala & Anr. v. N. M. Thomas & Ors.
- 2008 Ashoka Kumar Thakur v. Union of India & Ors
- 2003 Saurabh Chaudri and Ors. v. Union of India and Ors.
- 1984 Dr. Pradeep Jain Etc. v. Union of India and Ors. Etc.
- 1995 Shantistar Builders v. Narayan Khimalal Gotame and Ors. Etc.
- 1974 State of Uttar Pradesh v. Pradip Tandon & Ors.
- 1980 Jagdish Saran & Ors. v. Union of India & Ors.
- 1962 M.R. Balaji and Others v. State of Mysore
- 2001 A.i.i.m.s Students Union v. A.I.I.M.S. and Ors.
- 2019 B K Pavitra and Ors. v. The Union of India and Ors
- 1963 T. Devadasan v. The Union of India and Another
- 1974 Dhan Singh Ramkrishna Chaudhri & Ors. v. Laxminarayan Ramkishan & Anr.
- 1967 C. A. Rajendran v. Union of India & Ors.
- 2009 Dr. Gulshan Prakash & Ors. v. State of Haryana & Ors.
- 2005 Umrao Singh v. Punjabi University, Patiala and Ors.
- 2015 Dr. Sandeep S/o Sadashivrao Kansurkar and Others v. Union of India and Others
- 2020 K Pavithra and Ors. v. Union of India and Ors.
- 2007 Ashoka Kumar Thakur v. Union of India and Ors
- 2021 Alka Khandu Avhad v. Amar Syamprasad Mishra & Anr.
Where later benches applied it
- 2026 The West Bengal State Electricity Transmission Co Ltd v. Dipendu Biswas
- 2024 Gaurav Kumar v. Union of India and Ors.
- 2026 Union of India and Others v. Rohith Nathan and Another, Etc.
- 2025 Dr. Tanvi Behl v. Shrey Goel & Ors.
Of those, 2 relied on · 2 referred to
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