1

SURESWAR DUTTA LAW COLLEGE MOOT COURT

COMPETITION FOR ACADEMIC YEAR (2023-2024)

BEFORE
THE HON’BLE SUPREME

COURT OF

INDIA

PUBLIC INTEREST LITIGATION

ON THE SUBMISSION TO THE HON’BLE SUPREME

COURT OF INDIA UNDER ART 32 OF THE CONSTITUTION

OF INDIA

- IN THE MATTER OF -

ADITI MISHRA & OTHERS…………………………………………… PETITIONER

VERSUS

UNION OF INDIA……………………………………………………........RESPONDENT

MEMORANDUM ON BEHALF OF THE PETITONER DRAWN AND FILED BY

THE COUNSEL FOR THE PETITIONER.

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TABLE OF CONTENT

LIST OF CONTENTS PAGE NO.

1. LIST OF ABBREVIATIONS 3

2. INDEX OF AUTHORITY- 4
a. -LEGISLATION
b. -CASE REFFERED
c. -BOOKS REFFERED
d. -LEGAL DATABASE

3. STATEMENT OF JURISDICTION 5

4. STATEMENT OF FACTS 6-7

5. QUESTION PRESENTED 8

6. SUMMARY OF ARGUMENTS 9-10

7. ARGUMENTS ADVANCED 11-17

8. PRAYER 18
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LIST OF ABBREVIATIONS

AIR ALL INDIA REPORT

ART. ARTICLE

FRS FUNDAMENTAL RIGHTS

HON’BLE HONOURABLE

R/W READ WITH

SEC. SECTION

SC. SUPREME COURT

V. VERSUS
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INDEX OF AUTHORITIES

a. Legislations:---

1. CONSTITUTION OF INDIA,1950
2. RAJANPURA MEDICAL EDUCATION RESERVATION ACT, 2020
b. Cases referred:-
1. State of Madras v. Champakam Dorairajans (1951)
2. Balaji v. State of Mysore (1963)
3. Jaishri Laxmanrao Patil v. Chief Minister, Maharashtra ( 2021)1
4. Janhit Abhiyan v. Union of India (2023)
5. State of Kerala v. N.M. Thomas (1976)
6. Pradeep Jain v. Union of India (1984),

c. Websites:-
1. www.blog.ipleaders.in
2. www.legalserviceindia.com
3. www.indiakanoon.org
4. www.manupatra.com
5. www.dristiias.com
6. www.livelaw.in

1
Jaishri Laxmanrao Patil V. Chief Minister, AIR 2021
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STATEMENT OF JURISDICTION

The petitioner has approached the Hon’ble Supreme Court of India for PIL (PUBLIC
INTEREST LITIGATION) under Art 32 of the Constitution of India.
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STATEMENT OF FACTS

● India, a Democratic, Socialist, Secular, Republic country, that guarantees to its citizens
Fundamental Rights (Right to Equality, Right to Life, Right to Education, Right to Liberty,
Right to Freedom of Religion) which are enforceable through Courts. These Human Rights
are conferred upon the Citizens of India and the Constitution of India tells that these rights
cannot be violated.

● The rights which are given to the citizens by way of Fundamental Rights are guaranteed
against State action.One of the ideologies of the Constitution is that of “Equality among all”,
and “Equality among equals”.

● The state Rajanpura enacted the Rajanpura Medical Education Reservation Act (RME Act) in
2020, which mandates that 50% of all seats in Government Medical Colleges in the State be
reserved for candidates from the Scheduled Castes (SC), Scheduled Tribes (ST), and Other
Backward Classes (OBC).

● The law also provides for additional 10% reservation for Economically Weaker Section
(EWS). EWS is a subcategory of people having an annual family income less than ₹8 lakh
and who do not belong to any category such as SC/ST/OBC..

● The National Eligibility cum Entrance Test (Undergraduate) or NEET (UG), is an Indian
nationwide entrance examination conducted by the National Testing Agency (NTA) for
admission in Undergraduate Medical Programs. Being a mandatory exam for admission in
medical programs, it is the biggest exam in India in terms of number of applicants.

● Aditi Mishra, a meritorious student securing a high score in NEET, was denied admission to
her preferred medical college at Rajanpura due to excessive reservation policy of the state.
Despite holding a high rank in the entrance exam, she was not able to secure one of the Non
Reserved seats due to signficant reservation for SC,ST, OBC students,

● In this situation Aditi Mishra along with other studets from Non Reserved categories has
challenged the reservation policy of the State, arguing that it violates the constitutional
guarantee of Equality before law (Art 14) and prohibition of discrimination on the grounds of
religion, race, caste, sex, place of birth (Art 15)
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● They claim that the policy undermines merit and violate their right to equal opportunities in
education. This policies compromise the quality of education and workforce in long run, as
candidates may be selected based on quotas rather than merits. Students studying hard and
belonging from general category don’t have a bright chance to grab the opportunities even if
they are from financially unstable background.

● They further contained that the policy discriminates against meritorious students who come
from socially and economically unstable background but do not fall under SC,ST, OBC
categories

● The state of Rajanpura, however defends its policy measure stating that it is in accordance
with constitutional provisions

● The case now comes before the Supreme Court of India, which must decide whether the
reservation policy of the state is constitutional or not.
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9. QUESTION PRESENTED

1. Whether the reservation policy of the state is constitutional or not ?

2. Whether the reservation policy in medical educational field is essential or not ?
3. Whether continuation of reservation policies in educational institutions is justified or not
in today’s tough competitive atmoshphere of India ?
4. Whether the reservation policy validates the equality among equals or not ?
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SUMMARY OF ARGUMENTS

1. Whether the reservation policy of the state is constitutional or not ?

---It is humbly submitted before the hon’ble Supreme Court that we are appearing on behalf of
the State to defend the constitutionality of the reservation policy.
Reservation policies are the mechanism of the upliftment of people of backward classes, with
well reasonable and proportionated reservation policy backward class people can be abled to
phase out from their downward situation but despite of having growthful nature it is becoming a
disadvantage of other people who are not belonged to this community. Reservation policy is built
to phase out the backward community after they have reached at measurable growthfull situation
through those policies but it is becoming an exploitation tool for other non-reserved people. A
elite section of community by virtue of their holding power they managed to show themselves
from these backward classes to get that unfair benefits on the other hand the people who are
actually in need of that benefits are deprived, ultimately the non-reserved category people suffers
from marginalization from every aspect of their interested field despite having proper skills and
merit. Reservation policy is initiated for the upliftment of the backward section of the people with
the aim of being abolished at some time after that backward class get their dignity of living life
and status back but gradually it is increasing day by day which shows that our country's living
infrastructure is becoming fragile for people day by day and presence of some section of people
who are misusing it making it more dangerous discriminating tool which ultimately hampers
people's Fundamental Rights.

2. Whether the reservation policy in medical educational field is essential or not ?

---It is humbly submitted before the hon’ble Supreme Court that we are appearing on behalf of
the State to defend the constitutionality of the reservation policy.

The reservation policy is not essential to the medical educational field. The reservation policies
can be discriminatory and lead to segregated societies. The backward classes have become
empowered economically and socially and no longer need reservation seats. The policy should be
selective, nit across the nation.

3. Whether continuation of reservation policies in educational institutions is justified or

not in today’s tough competitive atmoshphere of India ?
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---It is humbly submitted before the hon’ble Supreme Court that we are appearing on behalf of
the State to defend the constitutionality of the reservation policy.

Education must be a primary requisite for every section of people in every strata of the society.
we agree that the reservation system was introduced with the aim of helping out students coming
from the backward, minor deprived classes. Conventionally, these backward classes had been
denied basic rights in the very past. So, introducing reservation quota for them in educational
institutions no doubt made perfect sense back then. But the situation has changed now. More and
more people are misusing this caste-based reservation system and toying around with it for their
own advantage. The education system forms the backbone of any country. The biggest
contributing factor to the dreary condition of the Indian Education System today is the 50%
reservations to students from the SC/ST/OBC community in educational institutions. It has
threatened the progress and prosperity of the nation. The only motive behind the reservation
system was to ad-lib the conditions of the backward of the society. But what we can notice
presently, the effects of reservation have been severe and damaging.

4. Whether the reservation policy validates the equality among equals or not ?

---It is humbly submitted before the hon’ble Supreme Court that we are appearing on behalf of
the State to defend the constitutionality of the reservation policy.

The petitioners argue that the reservation policy does not uphold equality among equals.
Instead, it creates structural inequalities that disadvantage meritorious and economically weak
general-category students. They claim the policy fails to balance the constitutional goals of
affirmative action with the right to equality, as guaranteed under Articles 14, 15(1), and 16(1).
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ADVANCED ARGUMENTS

1. Whether the reservation policy of the state is constitutional or not ?

---It is humbly submitted before the Hon’ble Supreme Court of India that,
Nothing is more unequal than treating equally same to all unequals. Today's reservation system
has emerged like an weapon of merginalising the skills, merits, living capacity, dignity, status of
non-reserved category people. For which only non-reserved category people suffers beyond their
capacity to hold. Now, by virtue of caste, it is the main determinant of getting the privilege of
backward class which is not supposed to be but by the measurable growth after a certain
parameters achieved by these backward classes it must be cancelled from enjoying a status of
backward class and should be immediately stopped from getting any benefits, subsidies by virtue
of backward status. The reservation must be of reasonable and proportionate in the way in which
others will not deprived of their assigned right by the Constitution. The reservation policy should
be certain that it doesn't breakdown the balance between social justice and individual justice.
Reservation should be in a justified manner in which it doesn't cost at the undermining of merits,
skills, dignity, status, livelihood of non-reserved people. But, if there's a unavoidable chance that
it may cost of undermines the merit then certain additional measures must be taken by the
Government.

Here, in this case the petitioner seek to assert the right to equality(Art. 14) and the right to no
discrimination(Art. 15(1) ) and it is sumittes that the current reservation policy ‘The Rajanpura
Medical Education Reservation Policy’ violates the Articles of the Constitution of India above
mentioned. It is also hit by the right to equality opportunity as guaranteed under Art. 21 of the
Indian Constitution.

● Violation of Article 14 :-

While reservation policies aim to ensure social justice, they must not violate the
constitutional guarantee of equality before the law. The principle of equality is not absolute
but requires proportionality and reasonableness. In this case, the blanket application of
reservation at the cost of merit undermines the balance between social justice and individual
justice.

● Violation of Article 15(1) :-

Reservation policy violates the no discrimination policy on the basis of sex, age, caste , creed,
birth, place. It gives privilege to those caste relating to backward section while deprived the
others from their opportunities and under perpetuated such inequalities.

● Weitage of Reservation in competitive fields not proportionate ;-

Medical education field is so proportionate that meritocracy is directly connected to public

interest and public health. It is claimed that priotizing social categories over competitive scores
undermines the academic excelence and can lead to less qualified professionals.

● Reverse Discrimination :-

Reservation policy is made for the upliftment of reserved candidates to remove discrimination
between upper caste and lower caste but while uplifting the backward classes it is disadvantaging
the people who achieved measures with his merits. Where equal opportunity for general category
is restricted despite constitutional guarantees.
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● Lack of Uniform Criteria :-

The criteria for economic reservation have been criticised as arbitrary and unproportionate. It is
stated that threshold do not adequately distinguish between truly disadvantageed groups and
those who are relatively well-off.

● Potential Decline in Healthcare Quality :-

Despite your petitioner has ranked high in the toughest examination of Medical Entrance she got
rejected and in her place less qualified student will get her seat. In this way it is becoming a
compromise on part of the government with the public health that they will be served by an under
qualified professionals when they will be in need of medical emergency.

● Underutilisation of Reserved Seats :-

Inefficient implementation leads to unfilled reserved seats. For which your petitioner like people
suffers from such calamity. It raises doubt that whether such policies really achieve their social
adjectives.

● No Periodic Review of Reservation :-

Reservation policy is made to serve the contemporary problems. It is not rigid in nature. As per
the Constitution the periodical review must be needed to ensure it caters to only contemporary
issues. This current reservation policy frameworks lacks on database justification and perpetuated
inequalities for meritorious candidates like your petitioner.

● Lack of Special Provisions for High-Rank Candidates :-

Unlike state quotas, there are fewer safeguards for high ranking candidates in the open category.

● Case Laws :-

1. State of Madras v. Champakam Dorairajans (1951) 2

The Supreme Court struck down the reservation when it violated the Art. 15(1) of
the Indian Constitution.

2. Balaji v. State of Mysore (1963) 3

The Court held that the caste couldn't be the sole criterion for backwardness and
invalidated reservations exceeding 50 % as unreasonable. It emphasised the need
to balance merit with affirmative action.

3. Jaishri Laxmanrao Patil v. Chief Minister, Maharashtra ( 2021)4

inadequate data on caste and backwardness has been cited as a reason to strike
down reservations, suggesting that medical education quotas are not always

2
State of Madras V .Champakan Dorairajan, AIR 1951
3
Balaji V. State of Mysore, AIR 1963
4
Jaishri Laxmanrao Patil V. Chief Minister, AIR 2021
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evidence based.

4. Janhit Abhiyan v. Union of India (2023) 5

Inefficient implementation of EWS quotas results in unfair advantages to certain

groups while neglecting truly disadvantageed individuals.

2. Whether the reservation policy in medical educational field is essential or not ?

---It is humbly submitted before the honorable Supreme Court that the reservation policy is not
essential to the medical educational field.

Article 16(1) of the Indian Constitution says that,There shall be equality of opportunity for all
citizens in matters relating to employment or appointment to any office under the State.
The Reservation policy undermines meritocracy, as seats are allocated based on caste or
community
rather than academic merit which contradicts this article.

Article 16(2) of Indian Constitution says that, No citizen shall, on grounds only of religion,
race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or
discriminated against in respect of, any employment or office under the State. Reservation policy
creates a competitive disadvantage for general category students, who may feel that they are
being unfairly denied opportunities which contradicts Article 16(2).

Article 38(2) of Indian Constitution says that, The State shall, in particular, strive to minimize
the inequalities in income, and endeavor to eliminate inequalities in status, facilities and
opportunities, not only amongst individuals but also amongst groups of people residing in
different areas or engaged in different vocations. Reservation policy can lead to inefficient
allocation of resources, as seats may be allocated to students who are not necessarily the most
qualified (Article 38(2)).

Article 15(1) of Indian Constitution says that, The State shall not discriminate against any
citizen on grounds only of religion, race, caste, sex, place of birth or any of them.Reservation
policy perpetuates caste-based discrimination, rather than promoting a casteless society (Article
15(1)).

3, Whether continuation of reservation policies in educational institutions is justified or

not in today’s tough competitive atmoshphere of India ?

---It is humbly submitted before the honorable Supreme Court that the reservation policy is not
essential to the medical educational field.

We all know that education can remove injustice, illiteracy, and fulfil knowledge. Education can
also change the capacity of thinking,ideas, recommendations and mental feelings according to the
nation, age and circumstances. By which the man recognizes his virtues and gets the ability to
give them proper expression. Without education all round development is beyond imagination not
only of the personality of a person but also of the development of the culture and civilization and
the progress of the nation and whole society. At present, the Indian education system is one of the

5
Janhit Abhiyan V. Union of India, AIR 2023
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fastest developments in the world.

But the biggest contributing factor to the dismal condition of the Indian Education System
today is the 50% reservations to students from the SC/ST/OBC community in educational
institutions. It has threatened the progress and prosperity of the nation as the education system
forms the backbone of any country. Reservation in Education is a violation of the Basic Right of
a person which is 'Freedom of Choice'. It forces a deserving student to opt for an option which is
not his prior choice, only due to the Reservations in Educational Institutions for backward
communities.Indian education system it seems is all set to get degraded, thanks to the reservation
system. Reservation of seats in educational institutes of India is a law by which a given group of
students are allowed concessions. This system is generally applied in government-aided
educational institutes. The quota is given based on castes or regions.
Reservation quota was introduced with the aim of helping out students hailing from
the backward classes.Traditionally, these backward classes had been denied basic rights in the
past. So, introducing reservation quota for them in educational institutes made perfect sense back
then. But the situation has changed now. More and more people are misusing this caste based
reservation system and toying around with it for their own advantage. The more eligible
candidates are denied seats for professional courses.

● Disadvantages of reservation policies in educational institutions……

Disadvantages that are causing many kinds of problems in society. As it is helping many
backward classes, it is also affecting forward class people because of the quota system. At the
present scenario, not every backward class person is financially weak or uninfluential and not
every forward is rich. So, the concept of Caste based Reservation very dissolution. This way one
rightful candidate is not given the opportunity he/she deserves.

Only Reserved are Deserved :As per a national Survey only 0.7% of the entire population gets
scholarship through merit rest are reserved. Students studying hard and from General category
don’t have a bright chance to grab the opportunity
even if he/ she is from a financially unstable background. Time has come to amend the laws and
change rules for the good.

Possibilities of forming new castes in society: Poor people from the forward castes continue to
have no socioeconomic benefit over those from backward castes. If this situation continues,a
separate backward caste composed of people from the poorer sections of the forward castes may
emerge.

Temporary relief: A reservation only addresses the chronological injustice issues in a limited
and temporary manner.

Opposing meritocracy: If undeserving candidates are given opportunities, the quality of

students and staff enrolled in various institutions may suffer .

The privileged become even more privileged: As the reservation gains traction, it becomes a
pathway of exclusion rather than inclusion. As we can see today, the reservation problem has
disadvantaged the initially advantaged communities to a large extent. Poverty and illiteracy
continue to plague many deserving members of the upper castes.

Reservations are frequently the complete antithesis of development and equality. We currently do
not require reservations in education based on castes or religion, but only support those who have
merit but limited resources. This way, caste discrimination would be eliminated, and the
economically wealthy would unite to support the economically weak, regardless of caste.
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● IS THERE NO WAY FORWARD?

“Every lock has a key…. Every problem has a solution” — Thomas Jhon
We are not against reservation, but against this type of reservation. Right to education is a
fundamental duty under the Constitution of India. Indeed, government has duty to provide
education equally to everybody, but this should not be achieved by compromising the rights of
others.

Undoubtedly, we need to aid the deprived citizens, but we should not deprive others who have
merit. Reservation on an economic basis is a much more logical and reasonable outlook in a
nation like India as the main motive of reservation was uplifting the weaker sections of the
society. All individuals who are poor and do not have the means to study will get reservation
regardless of their castes. Thus, if the country needs to bring equality between citizens, then it
should select economic based reservation rather than caste-based reservation.

In the case of Balaji v. State of Mysore6, the Supreme Court held that caste of a person cannot
be the sole criteria for ascertaining whether a particular caste is backward or not. Determinants
such as poverty, occupation, place of habitation may all be relevant factors to be taken into
consideration. The court further held that it does not mean that if once a caste is considered to be
backward it will continue to be backward for all other times. The government should review the
test and if a class reaches the state of progress where reservation is not necessary it should delete
that class from the list of backward classes.

After going through the whole discussion, it is quite clear that Reservation is not a reparation of
our past sins and should not be used to pay off for the damage inflicted in the past. It is still a
vicious fact that certain sections of the society are exploited and deprived of their rights. At the
same time, we should also have in mind that despite the provision of reservation being
continued for around six decades, the problem of social inequality remains. Afterall the
system has resulted in further inequality. So, it is crystal clear that the solution to remove
inequality is not ‘reservations’ but something else. Reservation is not a tool for social justice.
The current policy fails to accomplish its very purpose of giving equal opportunity to
everyone.Hence
Merit should be the primary yardstick in any competitive selection. India needs to be a truly
secular nation by abolishing all references to caste & religion not only in educational sectors, but
in other sectors as well. Such a policy of favouring persons on the basis of their birth will surely
pave the way for balkanization of India, which we need to avoid. Caste is a feudal institution
which has to be destroyed if India wants to progress, but reservations further entrench it.
Immediate amendment to the reservation policy is needed for the betterment and prosperity of the
society as a whole.

Gandhiji believed that Sarvodaya (development of all) would be accomplished through

Antyodaya (welfare of the weak). Philosophers have built on his thinking and concluded that if
you were designing the world without knowing your place in it, you would ensure fairness for all.
Reservation is a valuable tool for social justice but after years of Poorna Swaraj, it’s time to
discard something often subject to political manipulation for something more universal
over the next few decades.

4. Whether the reservation policy validates the equality among equals or not ?

---It is humbly submitted before the Hon’ble Supreme Court of India that,
6
Balaji V. State of Mysore, AIR 1963
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The petitioners, led by Aditi Mishra, argue that the reservation policy of the State of Rajanpura
does not validate the principle of equality among equals.

Article 14 guarantees “equality before the law” and “equal protection of the laws.” However, the
reservation policy creates a disparity by prioritizing certain groups over others without
adequately considering merit or proportional representation.By reserving 60% of medical seats
(50% for SC/ST/OBC and 10% for EWS), the State effectively disadvantages the general
category, including economically weaker students who are not covered under EWS.

• In State of Kerala v. N.M. Thomas (1976)7, the Court held that equality must
treat equals equally. The excessive reservation infringes upon the rights of meritorious students
from the general category.

The principle of “equality among equals” means that individuals in similar circumstances should
be treated alike. The petitioners contend that the policy excessively favors specific groups
without adequately addressing other disadvantaged individuals, such as those in the general
category who are also economically weak.This unequal treatment violates Articles 15(1) and
Article 16(1), which prohibit discrimination solely based on caste, race, or economic status.The
cumulative 60% reservation breaches the 50% limit established in Indra Sawhney v. Union of
India (1992), which held that exceeding this cap undermines equality and creates “reverse
discrimination.”

The policy disproportionately reduces opportunities for general-category students, leaving

them with only 40% of the seats, despite their substantial representation in the population.

The reservation policy undermines meritocracy by admitting candidates with lower scores over
highly qualified students like Aditi Mishra. This compromises the principle of fairness,
particularly in competitive fields like medicine, where skill and competence directly impact
public health.:

• In Pradeep Jain v. Union of India (1984),8 the Supreme Court emphasized that
merit should be a key criterion in admissions to ensure national and professional standards.
General-category students face unequal opportunities despite paying the same taxes, contributing
equally to the State’s welfare, and sharing similar aspirations. The policy disproportionately
affects their chances for higher education and career growth.

Excessive reservation risks perpetuating dependency on affirmative action rather than

encouraging self-reliance and equitable competition.The policy could lead to further divisions
within society, undermining the goal of fostering harmony and equality.

7
State of Kerala V. N.M.Thomas, AIR 1976
8
Pradeep Jain V. Union of India , AIR 1984
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PRAYER

WHEREFORE IN THECOURT OF THEISSUES RAISED, ARGUMENTS ADVANCED

AND AUTHORITES CITED, IT IS HUMBLY PRAYED THAT HON’BLE COURT
THAT IT MAY BE PLEASED TO ADJUDGE AND DECLARE:

:-

1. That, there must be a special pool for high merit candidate within AIQ seats for the 1 -
2 % of candidates irrespective of category to ensure extraordinary meritorious
candidates like petitioner are not displaced due to reservation policy.

2. That, there must be a thorough audit of reserved swat utilization and the development of
guidelines to reallocate such unused seats to open category candidates if no filled within
a reasonable time.

3. That, there must be an efficient approach in implementing such principles in the way in
which merit based approach gets priotised not the rigid reservation policies.

4. That, there must be a direction for systematic review of caste census to avoid such
disparity created by dishonest people to defraud govt for becoming the beneficiary of
that subsidy and that must be reviewed a systematic consecutive period of time by the
concern authority.

5. That, it is requested to give an order of special directive for the petitioners to secure
their admissions to their preferred college as an exception, based on this present
circumstances.

FOR THIS ACT OF KINDNESS, YOUR PETITIONERS AS IN DUTY BOUND SHALL

EVER PRAY.

Counsels of the Petitioner