REGENT COMPUTRONICS PVT. LTD.

Neil Aurelio Nunes Appellant

V/S

UNION OF INDIA Respondents

Referred Judgements :-

JUDGEMENT

(1.) This judgment has been divided into the following sections to facilitate analysis:

(2.) Some of the salient facts that have led to the implementation of OBC reservation in AIQ seats are being adverted for setting out the broad contours of the controversy. While we have discussed in detail the history of the AIQ and the evolution of an All-India common entrance examination in Section D.2, it is sufficient to highlight that the scheme of AIQ seats was devised by this Court in Dr Pradeep Jain v. Union of India (1984) 3 SCC 654 to provide domicile free seats in State run medical and dental institutions. The AIQ scheme was further developed by this Court in Dinesh Kumar (I) v. Motilal Nehru Medical College (1985) 3 SCC 22 and Dinesh Kumar (II) v. Motilal Nehru Medical College (1986) 3 SCC 727. Presently, under the AIQ scheme, 15 percent UG seats and 50 percent PG seats in State-run institutions are surrendered by the states to the AIQ. The remaining seats in the State institutions are reserved for candidates domiciled in the respective States.

(3.) The Constitution (Ninety-Third Amendment) Act 2005 amended Article 15 of the Constitution by inserting clause (5) to Article 15 to empower the State to make special provisions (including reservation) for the advancement of socially and educationally backward classes (or the OBCs) relating to their admission in educational institutions. Article 15 (5) reads thus:

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NEIL AURELIO NUNES Vs. UNION OF INDIA

Referred Judgements :-

JUDGEMENT

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