case study on right to education in india

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Indian Supreme Court Strengthens Right to Education for Children with Disabilities

by Rahul Bajaj | Nov 9, 2021

About Rahul Bajaj

In a judgment delivered on 28 October 2021, the Indian Supreme Court took an important step in the direction of improving meaningful access to quality education for children with disabilities. At issue in Rajneesh Kumar Pandey and Ors. v Union of India was the determination of the appropriate pupil-teacher ratio to be maintained by schools admitting children with special needs (CwSN).

In an interim order in this case passed in October 2017, the Supreme Court had shockingly observed that it found it impossible to think how children with physical or mental disabilities could study in mainstream schools. It had noted that students who ‘suffer from’ blindness, deafness   and   autism   or   ‘such   types   of   disorder‘ must have separate   schools   with   distinctly   trained teachers.

I had problematised this order on the ground that it betrayed a profoundly regressive view about the capabilities of the disabled and the capacity of mainstream schools to accommodate them. Further, the Court had not only sought to revive the outmoded ‘separate but equal’ doctrine, but had in fact suggested that ‘separate’ alone is equal. It is refreshing, therefore, that in the final judgment, the Supreme Court proceeded on the implicit premise that children with disabilities must, in principle, be able to study in either mainstream or special schools; and focused its attention on making the environment in such schools more conducive for addressing their needs.

The Rights of Children to Free and Compulsory Education Act 2009 (RTE Act) operationalises the constitutionally guaranteed right to education in India. The schedule to the RTE Act outlines the norms and standards as to pupil-teacher ratio, infrastructural requirements and other amenities that all schools are mandated to comply with. Although the RTE Act was amended in 2012, to include a definition of children with special needs, the Supreme Court noted that no corresponding changes were made to the schedule to the RTE Act. The Supreme Court directed the Central Government to amend this schedule, to mandate the ratio of special teachers/rehabilitation professionals per student in all schools admitting CwSN (paragraph 34). This finding echoes research concluding that the RTE Act requires modification, to better address the needs of CwSN.

Till such amendment, as a stop gap arrangement, the Court prescribed the ratio of 8:1 for children with cerebral palsy; 5:1 for children with intellectual disability, ASD and specific learning disabilities; and 2:1 for the deaf-blind or a combination of the above disabilities (paragraph 52). It further provided a roadmap for adding special educators to schools admitting CwSN. The following important directions by the Court merit emphasis:

• Creation of permanent posts to ensure that the number of special educators prescribed by the competent authority are duly maintained;
• Initiating the appointment process for filling up such posts in a time-bound manner; and
• Offering training and sensitisation to all teachers on the additional needs of CwSN (paragraph 57).

Recognising that the mere issuance of its directions was insufficient, the Court activated an existing mechanism under the Rights of Persons with Disabilities Act 2016 (RPwD Act) for monitoring compliance with such directions. Specifically, it directed the State Commissioners of Persons with Disabilities to initiate suo motu inquiries to monitor compliance with the roadmap laid down by the Supreme Court (paragraph 59).

In another significant move, the Court broadened the scope of the litigation, initially confined to the states of Punjab and Uttar Pradesh, by making its directions applicable to the whole of the country (paragraph 58). Finally, and crucially, instead of disposing off the matter, the Court listed it for another hearing in March 2022, so it can take stock of the extent to which its directions have been adhered to (paragraph 62).

Given that the scope of the litigation was confined to pupil-teacher ratio, the Court cannot be faulted for not focusing on other structural conditions that warrant attention for the empowerment of CwSN. One hopes, however, that the judgment will serve as a prompt not just for the prescription of the pupil-teacher ratio for CwSN, but also for the delineation of other standards that all schools must comply with in order to become more disabled friendly.

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To escape from poverty, earn livelihoods or make extra income many children in India forsake their education and schooling. Many children never even attend school, and if they do, they drop out or leave school early to work elsewhere. Due to these reasons, the literacy rate remains low and leaves many children vulnerable to social and economic exploitation.

1. National Policy on Education, 1986

In an attempt to remove inequalities in the education system, the policy emphasises the importance of special programmes for marginalized groups as such women, scheduled tribes (STs), scheduled castes (SCs), handicapped, etc. Some of the provisions for SCs listed are incentive to families, pre-matric scholarships, constant micro-planning to ensure enrolment, retention and successful completion of SC students, recruitment of SC teachers, hostel provisions for SC students and appropriate location of the school building to facilitate the participation of SCs. Similar provisions are made for STs, including the use of youth teachers and the use of tribal languages at the initial stages.

The Policy identifies the need to pay attention to minority groups and other backward sections of society. Hill, desert and remote areas will be provided with adequate institutional infrastructure. The policy encourages the integration of a handicapped student in the mainstream system but also makes provisions for special schools with hostels if need be. Teachers will also be trained to deal with special difficulties of handicapped children.

Recognising the impact of early years on the development of a child, the policy makes room for early childhood care and education through the Integrated Child Development Services programme. With regard to elementary education, the policy makes three very important commitments: 1. Universal access and enrolment. 2. Universal retention of children up to age 14. 3. A much-needed improvement in the quality of education that allows children to achieve a certain level of learning.

According to the policy, education must be culturally applicable and inculcate values in the children and hence society. There is a need to develop the use of local languages in education. There is a need for low prices books and improvement in library management as well as additional libraries. There are provisions in the policy for work experience as a part of education, population education, using math as a tool to teach analytical thinking, strengthen science education, and support sports, physical education and yoga. The policy called for greater participation of educated youth and revision of the evaluation system so that it does not simple reflects rote learning. It emphasises the importance of teacher training and continuing teacher education. The policy devotes an entire section to overhauling the planning and management system surrounding education at national, state, district and local levels. It outlines that it is both the government and the communities responsibility for providing funds and that inadequate or non-investment is a major problem facing education like the policies before it emphasises a need to raise expenditure to six per cent of the GDP in the Eighth Five Year Plan.

2. The Right of Children to Free and Compulsory Education Act,2009

In 2005 the Central Advisory Board of Education drafted the Right to Education (RTE) Bill and sent it to the Ministry of Human Resource Development (MHRD) for review. The MHRD, in turn, sent it to the National Advisory Council and the Prime Minister. The bill spent three years being scrutinised by the union government, government ministers and the public. In 2008 there was a new draft placed before, and in September 2009, it was passed by the Union Cabinet, and hence became The Right of Children to Free and Compulsory Education Act, 2009. The main purpose of the act is to outline the provision of quality education for all children between the ages of 6-14 as per the constitutional fundamental right awarded to children in the 86th amendment.

In the first chapter, the act states that the act, once passed by the central government, would be applicable to the entirety of India except for Jammu and Kashmir. Chapter one also defines a number of key terms used in the act. Two terms of utmost importance are 1. Appropriate government: is the central, state or union territory government which is directly in charge of a particular school or area; 2. Local Authority: is a Municipal Corporation or Municipal Council or Zila Parishad or Nagar Panchayat or Panchayat. The act has seven chapters that outline the various powers, roles and responsibilities of the central, state, district and local authorities, as well as teachers and school administrators.

Chapter two is the provisions of the act that calls for free and compulsory education for all children between the ages of 6 and 14. It provides equal opportunities for disabled children. It makes special provisions for children who are not admitted and are above age 6 to be admitted into their age-appropriate class after special training and provides that they be allowed to complete their elementary education even past the age of 14. Any child also has the right to transfer to a school that provides education up to class VIII if it is not provided in the school she is currently enrolled in.

Chapter three begins with a provision that the central and state governments are responsible for establishing schools where one is not available in every area or neighbourhood. It outlines that the central and state governments share the responsibility both financially and others (such as the development of curriculum, training of teachers, etc) required under this act. The appropriate government is responsible for providing free and compulsory education to all children, except those who would choose to enrol in private/ unaided schools. It must ensure no discrimination against children from educationally and socially backward groups, availability of a neighbourhood school, provide necessary infrastructure, provide good quality education, ensure completion of elementary school, and provide curriculum and teachers training. The local authority shares the above responsibilities as well as in charge of the academic calendar, education of children of migrant families, the functioning of the school and maintaining a record of all children up to fourteen years of age in its jurisdiction.

Lastly, it is the responsibility of parents to send their children to school and the appropriate government (which is directly in charge of a school or area) to provide pre-primary (between ages 3-6) education and child care.

In chapter four of the act, there is an outline of school and teacher responsibilities. A government school is required to provide free education to any child that seeks admission. Aided schools, private schools and special schools are required to provide free education to a minimum of 25% of its students, especially those from disadvantaged sections of society. In return, the government is responsible for reimbursing private schools the cost per child that a public school incurs to help aid the free education provided by such schools. But if the private school has received any sort of concession or subsidy, they are not entitled to such reimbursement.

Schools are not allowed to charge capitation fees, screen the children for admission and even though they are allowed to ask for proof of age, they may not deny admission on the basis of lack of proof. No school may hold back or expel a child before their completion of elementary education. There is a prohibition against physical punishment and mental harassment, which, if broken, is liable to disciplinary action. All schools must be registered or given a certificate of recognition by the appropriate government in order to function. This certificate will only be given or maintained if certain norms and standards are upheld. The government can levy charges up to one lakh against schools for continuing to function without a certificate. At this point, it is conveniently added that the central government has the power to change these said: "norms and standards" (given in the schedule at the end of the act) at any point.

The act calls for the establishment of a School Management Committee (SMC), which consists of local authorities, parents or guardians of children admitted in such schools and teachers. The SMC is responsible for monitoring the school and making a school development plan. The school development plan is basically an outline for plans and grants that the appropriate authority should make.

The second section of Chapter four provides guidelines for teachers. Qualifications required by teachers can be set by the authorised academic authority, such as a school headmaster. But the central government can override these minimum qualifications for a period of five years to allow for teachers to gain the appropriate qualifications. This section does not specify the salary and allowances granted to teachers. Teachers are responsible for regular attendance, finishing the curriculum, supplementing learning in the classroom, and meeting with parents/guardians of the child on a regular basis.

There are three interesting clauses in this section. Teacher vacancies shall not exceed 10% of the total strength of teachers in a specific school. The number of teachers required is described in the schedule. Public school teachers may not engage in private tuitions for private gain but must participate in "decennial population census, disaster relief duties or duties relating to elections to the local authority or the State Legislatures or Parliament" (section 27-28 of this act).

Chapter five does not outline the specifics of curriculum and evaluation procedure but simply says it is the role of the authorised (by the appropriate government) academic authority. The authorized academic authority is required to look after the development of the child, the values of the constitution, the mother tongue of the child, the mental and physical well being of the child, allowing for anxiety and fear-free expression of each child and evaluating and understanding each child's knowledge and ability. Under this section, no child will be subject to a board examination but will receive a certification on completion of elementary education.

In chapter six, this act holds the National and State Commissions for the Protection of Child Rights responsible for upholding the right to education specified in the act and other rights under section 4 of the Commissions for Protection of Child Rights Act, 2006. They are responsible for addressing grievances that have come beyond the local authority. This section also provides for the establishment of the National Advisory Council, whose members are responsible for upholding this act.

Chapter seven provides a detailed description of the powers of the various levels to issue directions to the authorities below them, for example, from central to state government. It also establishes that there is no prosecution taken without the sanction of an authorised officer for violating the school certification requirements and the capitation fee ban. This section adds the disclaimer that the government and all other bodies acting on its behalf are free from prosecution if their actions are in 'good faith. The appropriate government is also given powers to make rules on a variety of areas such as the special training for children currently not enrolled, the area or neighbourhood limits, the duties of teachers, the allowances and terms and conditions of members of the National Advisory Board. All rules must be laid before and passed by both houses of parliament (in the case of the central government) and state legislatures (in the case of the state government).

At the end of the act, there is a schedule that outlines the number of teachers, building facilities, hours of the teachers, library and additional equipment required in each school.

National Policy on Education 1986 PDF

Q: Which city is most educated in India? Why is education important for children?

A: Children are our future. Therefore, education is important for them to grow and prosper. Education acquired during childhood, moulds their communication and helps them learn and work.

Q:What are the features of the indian education system?

A: The right of children to free and Compulsory Education, Act 2009 ascertains free and compulsory education for all the children below the age of 14 as a fundamental right. Children shall access secondary education after primary education. For providing this level of education each, the central and state governments are involved through their boards, which are created for this purpose.After their 10+2 (secondary schooling), a person can pursue bachelor, master and an alternative specialization degree in several fields of their selection.

Q:How can you help a child who is denied education?

A: If any child is denied their right to education, call CHILDLINE on 1098 to report a case.

Child Education Case Study : 

Journey from child labour towards education for a brighter future

During an outreach, a CHILDLINE team member noticed two young boys working at a restaurant. The team member began conversing with the boys and found out that they were aged 15 and 16 years old and belonged to two different neighbouring villages. Both boys revealed that they go to school but also work on alternate days to get extra income. The CHILDLINE team co-ordinator counselled the boys and conveyed to them that their parents are working hard for them to study and not for them to labour. The coordinator advised the boys to focus on their education and study hard. The CHILDLINE team member made them understand that if they study hard, they would a get a well paying job four to five years down the line. Further, their employer was given CHILDLINE India Foundation pamphlets and informed about its services. The team members also made the employer aware about the offence of child labour and told him not to employ children. The vendor ensured that he would not employ children and would inform CHILDLINE India Foundation if some other person does. The CHILDLINE team co-ordinator visited the shop again but the boys were not found. Then the CHILDLINE team co-ordinator went to homes of both the boys and informed about services provided by them. The parents of one of the boy informed the CHILDLINE team co-ordinator that the child is in 9th standard and want him to be a police officer one day. The coordinator advised the child to focus on studies and fulfil his parent’s dream. When the coordinator met with the second boy’s mother, she requested the CHILDLINE member to visit the boy’s school and request his teacher to contact her in case the boy did not attend school. The CHILDLINE co-ordinator along with both boys visited their schools and met with their teachers. The teachers were requested to inform the homes of both boys if they don’t attend school. The teachers were informed about CHILDLINE India Foundation services and were requested to take care of the boys as well.

(*Name and details changed to protect the child)

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50 Landmark Judgments on Education Law by the Supreme Court and High Courts in 2022 [Part I]

by Siddharth R. Gupta† and Pushp Sharma†† Cite as: 2023 SCC OnLine Blog Exp 9

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This two-part compendium comprises judgments of the Supreme Court of India and High Courts across the country that laid down one or the other important propositions of law, that became a benchmark in themselves. This compendium has been prepared after making an earnest effort in searching available judgments on online research portals, journals, etc. especially in the case of those of the High Courts.

Part I of this dual part compendium includes judgments in chronological datewise order from January to June 2022, whereas Part II which shall follow after a fortnight will be having judgments from July to December 2022. If the reader feels that any judgment has been left out, in our limited researching capabilities, may so provide the soft copy of the judgment at our official e-mail. 1 The same shall be picked up in Part II of the compendium, even though missed out in Part I.

(1) Kshetrimayum Maheshkumar Singh v. Manipur University 2

(Delivered on January 5, 2022)

Coram: 2-Judge Bench of HM Justices L. Nageswara Rao and Hima Kohli

Authored by: HM Justice Hima Kohli

The issue that arose before the Supreme Court was about the extent of reservation for SC category candidates post amending Act of Central Educational Institutions (Reservation in Admission) Amendment Act, 2012 to the Central Educational Institutions (Reservation in Admission) Act, 2006 (for short the “CEI Reservation Act”) and whether the Manipur University (that got converted from State to a Central University) was required to follow its own reservation hitherto followed prior to the introduction of the amendment for admissions to the University.

The Manipur University, which was a State University was converted to a Central University w.e.f. 13-10-2005, by virtue of which the CEI Act came to be applicable. The Manipur University prior to the applicability of the CEI Reservation Act, 2006 followed the reservation norm of 2% for SCs, 31% for STs, and 17% for OBCs, after the implementation of which, w.e.f. 2006 the reservation pattern as provided under Section 3 of the Act of 2006 came to be implemented viz. 15% for SCs, 7.5% for STs and 27% for OBSs. However, w.e.f. from the year 2012, in light of the amendment to the CEI Act, the reservation pattern was reverted to that previously followed of 2% for SCs, 31% for STs, and 17% for OBCs, which was put to assail before the High Court of Manipur and the dispute travelled to the Supreme Court. The principal contention of the appellant was that Manipur University was bound by the reservation pattern provided under Section 3, as was made applicable between 2006 and 2012, and that reversion to the original norm of reservation existing prior to 2006 of reserving 31% seats for STs was unconstitutional.

The court referred to Statements of Objects and Reasons of the amendment as also the report of the Parliamentary Standing Committee on HRD (for short the “Standing Committee”) in its 234th report that had suggested resolution of practical difficulties faced by CEIs situated in the North-Eastern States. Holding that reports and recommendations made by Parliamentary Standing Committees can always be resorted as “external aids” for interpreting any statutory provision and the background behind its enactment, Court held that for CEIs situated in tribal areas, especially the North-Eastern States, the reservation of SCs and STs was contemplated to be definite, with the OBC reservation varying from State to State. For reconciling the 50% ceiling for constitutional reservations, the purpose and object of Amending Bill was to remove existing ambiguities and difficulties for accommodating the aspirations of large tribal populations in the Sixth Schedule States, including the North-Eastern States, that included Manipur also. It was thus held that the purpose of Amending Act of 2012 must be given full effect and the prescription under Section 3 of definite percentage for SCs, STs, and OBCs cannot come in the way of its implementation but has to be interpreted harmoniously. The reservations for STs may vary and may be increased beyond the threshold provided under Section 3, whilst reducing correspondingly and proportionately the percentage of seats meant for OBCs candidates. Thus, the reference point for determining reservation quota for OBCs candidates must be the same as that of SCs and STs candidates for working out the reservation. A special arrangement was held to have been made by the Amending Act of 2012 for CEIs established in States falling under the definition of “Specified North-Eastern Region”. Thus, in view of the large STs population of Manipur, the Court held that reservation to the extent of 31% for STs, 2% for SCs, and 17% for OBCs was clearly justified and in consonance with the larger object, purpose, and spirit of Amending Act of 2012.

(2) Neil Aurelio Nunes (OBC Reservation) v. Union of India 3

(Delivered on January 20, 2022)

Coram: 2-Judge Bench of HM Justices Dr D.Y. Chandrachud and A.S. Bopanna

Authored by: HM Justice Dr D.Y. Chandrachud

The challenge in the batch of Article 32 writ petitions was reservation introduced for OBC and EWS in the all India quota seats (hereinafter referred as “AIQ seats”) for both UG as well as PG medical courses. In this regard, the notice issued by the Union of India dated 29-7-2021 providing 27% OBC reservation and 10% EWS reservation was put to challenge. Multiple issues arose before the court, broadly with the three principal ones as follows:

• Legality of EWS and OBC reservation per se in the AIQ seats, which were argued to be free from reservation and based only on merit, especially the PG courses.
• The reservation was introduced midway after commencement of the admission process for 2021-2022 and thus, introduction of reservation amounted to changing the rules of the game post its commencement.

In AIQ seats of PG courses, there could not be reservation for SC, ST and OBC to such a large extent, which was against the mandate of a longline of judgments in Pradeep Jain v. Union of India, 4 , Jagadish Saran v. Union of India 5 .

The Supreme Court had an occasion to examine the binary concepts –“merit” and “reservation”; their correlation with each other. Relying upon the history of corelation between Articles 15(1), 16(1) with their corresponding Articles 15(4) and 16(4) respectively, the Court held that

Articles 15(4) and 16(4) are not exceptions to Articles 15(1) and 16(1) respectively, but are another facet of equality mentioned under Articles 15(1) and 16(1) therein. It would be a negation of constitutional precept and vision to read them as exceptions to the general principles of merit. The Court referred to the Constituent Assembly Debates (hereinafter referred as “CAD”) that went behind the drafting of Articles 15 and 16 as also the development of law of substantive equality over law relating to principles and concept of substantive equality over formal equality. Referring to a longline of judgments that started from the majority view of Supreme Court in State of Kerala v. N.M. Thomas, 6 the Court held that Articles 15 and 16 are an extension of and give effect to the larger doctrine of equality of treating unequals differently. Thus, “merit” and “reservation” cannot be treated as opposed to each other, but are relatable in the larger canvas of Articles 15 and 16 of the Constitution of India . The court then examined the role and nature of common competitive-cum-entrance examinations as a basis and index of merit. It held that assessment must be in the larger social background, disadvantages and handicaps faced by the candidate concerned, for which reservation has been introduced. Scores in any examination are not the sole determinant of excellence or capability, but merit must be examined in the backdrop of equalisation of opportunities for candidates coming from different social backgrounds. The court traced the development and concept of AIQ seats starting from the judgments of Pradeep Jain v. Union of India 7 , Dinesh Kumar (1) v. Motilal Nehru Medical College 8 and Dinesh Kumar (2) v. Motilal Nehru Medical College 9 , and the series of judgments that followed, mentioning that AIQ seats were introduced for providing opportunities to students to compete on a national level and take admission nationally in any State or college of their choice.

The court then examined whether the judgments of Pradeep Jain v. Union of India 10 and the following judgments placed any restriction on reserving the seats for OBC and EWS category candidates and held that all these judgments were rendered in the backdrop of reservation for domicile/local resident candidates and cannot be treated as precedents for restricting the implementation of reservation on the AIQ seats.

On the aspect of changing of rules of the game midway, with the introduction of reservation, after holding of entrance examination, the Court held that as per Clause 11 of the brochure, the process of admission was formally to commence after notification of seat matrix by the counselling authority (GoI) and not before. Since, before the announcement of results itself, the notice under challenge dated 29-7-2022 was issued, therefore it could not be said that rules of the games were changed. In this regard, the law occupying the field right from the judgment of K. Manjusree v. State of A.P. 11 was traced, to hold when it can be considered that rules of the game have been changed to the prejudice of participants and when they cannot be so inferred.

Accordingly, the challenge to the implementation of notice and the reservation in the AIQ seats of 2021-2022 was repelled by the court in view of the aforesaid findings.

(3) Abha George v. All India Institute of Medical Sciences 12

(Delivered on February 2, 2022)

Coram: Single Judge Bench of HM Justice Prateek Jalan

Authored by: HM Justice Prateek Jalan

Challenge in the petition was made to the cancellation of admissions to PG nursing courses of the petitioner by the respondent Authorities. The petitioner applied for admission pursuant to the prospectus, in pursuance of which they were granted admission to AIIMS. After 2 months on the ground that discrepancies were found in the admissions, all the admissions were cancelled, including the ground of discrepancy relating to the eligibility of the candidates concerned. The students then knocked on the doors of the Delhi High Court. The question that arose was whether the eligibility was under the cloud of all the petitioners whose admission were cancelled and whether the cancellation of admission orders was valid and legal after the admissions were affected. Referring to the longline of judgments deprecating cancellation of admissions post-admission of the candidate concerned, even though ineligible at the onset, the Court held that the approach of the respondents was not proper and legal. The court in the process referred to the judgments of Rajendra Prasad Mathur v. Karnataka University 13 , Ashok Chand Singhvi v. University of Jodhpur 14 , including the judgments of the Coordinate Benches of the Delhi High Court, on the principal that even if the student is ineligible or not entitled to take admission, but given admission by the authorities due to some oversight, having been once admitted, their admission should not be disturbed and that they should not be thrown out after having commenced their studies. Accordingly, the cancellation of admission orders was set aside by the High Court.

(4) Jagathy Raj V.P. v. Rajitha Kumar S. 15

(Delivered on February 7, 2022)

Coram: 2-Judge Bench of HM Justices Ajay Rastogi and Abhay S. Oka

Authored by: HM Justice Ajay Rastogi

The challenge was put to the judgment of the Division Bench of Kerala High Court setting aside the judgment of the Single Judge, through which appointment of HoD was set aside on the ground that appellant being a senior Professor was ignored in consideration for the appointment to the said post. Under Section 39(1) of the University Act, the Government of Kerala framed Statute 18, describing the procedure for appointment of Director/HoD, to be appointed by the syndicate. The appellant when he became due for consideration for appointment as HoD being the seniormost Professor, which used to happen through the process of nomination by rotation, expressed his unwillingness to take up the said assignment in the first turn. Accordingly, the next Professor, immediately junior to him was nominated as Director/HoD for a period of three years. However, when the term of Dr Mavoothu D. (the one who was appointed in place of the appellant) expired, the appellant staked claim to the said post being the seniormost professor and showed interest to participate in the selection in the appointment process which was overlooked, not taken into consideration and junior professor to the appellant was appointed. The State Government justified the said decision on the ground that since the appellant had expressed his unwillingness once, therefore he had waived his right to be considered for appointment as HoD/Director and could not have been taken into consideration again,. It was argued that once the relinquishment was made, the appellant had forgone his right of consideration for all times to come and thus, the next seniormost Professor was picked up for the appointment. The Single Bench quashed the appointment being against the provisions of Statute 18, which judgment was set aside by the Division Bench.

The Supreme Court held that since every round of appointment is a fresh round of appointment, based and premised on seniority, therefore Statute 18 cannot be interpreted to read in any right or any possibility of waiver or relinquishment of any right by any professor, like in the case of the appellant. It was further held that since in the past, on multiple occasions professors who had shown their unwillingness at one point of time earlier were considered by the University in the subsequent second process of appointment when they got interested, the said benefit cannot be denied to the appellant. It was held that under Statute 18, there is no prohibition depriving the professor from consideration for appointment as HoD, when the second rotational term becomes due, only because he had shown his disinterest previously for the same. Seniority is the thumb rule, which has to be considered every time and cannot be waived. Relying on the judgment of N. Suresh Nathan v. Union of India 16 , the Court held that any past practice followed for a long time by a statutory authority, if not contrary to law but in consonant with the statutory provisions, gives it a colour of precedence and should not be lightly departed from by the authority. It should also be ordinarily respected by the courts and not interfered lightly in the exercise of powers of judicial review under Article 226 of the Constitution of India . Accordingly, the appeal was allowed and the appellant was directed to be appointed on the said post.

(5) Shekhawati Shikshak Parsikshan Sansthan v. NCTE 17

(Delivered on February 10, 2022)

Coram: Single Judge Bench of HM Justice Rekha Palli

Authored by: HM Justice Rekha Palli

Challenge was laid to the decision of the National Council for Teacher Education (for short “NCTE”) returning the application submitted by petitioner Institutes in 2008-2009 for grant of permission/recognition for various teacher training courses like B Ed, etc., in light of the ban that was imposed by the State of Rajasthan in the year 2009-2010. The ban was quashed and set aside initially by the Rajasthan High Court in January 2009 directing the NCTE to take a fresh final decision considering all the relevant factors for accepting and processing of applications. In a second round of challenge to this decision of ban, Rajasthan High Court again directed the NCTE to process the applications for the subsequent Academic Session of 2011-2012, since the session had been over by the time the writ petitions came to be decided. In the meanwhile, the NCTE processed the recognition applications of all those colleges, whose inspections were conducted, and show-cause notices issued for various deficiencies, relating to the year 2009-2010. Thus, the ban came to be relaxed for a certain category of institutions by the NCTE itself. However, one batch of writ petitions came to be dismissed in October 2018, holding that a subsequent State ban, imposed after returning of applications by the NCTE can be relevant criteria in consideration for rejecting the applications. This matter travelled up to the Supreme Court previously, wherein, the Supreme Court in Saraswati Deep College of Education v. NCTE 18 , in which it relied upon its earlier decisions of Kanya Gurukul College of Education v. NCTE 19 and Gyan Deep College of Education v. NCTE 20 , held that rejection of applications based on the subsequent ban on new educational institutes by the NCTE fell foul of its earlier decisions, and thus NCTE was directed to process the applications on merits. This judgment of the Supreme Court, however, pertained to a specific category of colleges, whose applications were returned prior to the imposition of the ban.

The Court broadly held that applications for opening of new institutions received prior to a negative recommendation (for the imposition of the ban) from the State Government to the NCTE have to be considered on their own merits and cannot be returned unactioned on account of the subsequent State ban, imposed post receipt of the application. Since the admitted position was that applications in all the cases were filed and received prior to the imposition of the ban in the State of Rajasthan on the opening of new institutions, therefore they were entitled to be processed. Repelling the preliminary objection to the maintainability of the writ petition on the ground of delay and latches, the Court held that the longline of judgments by the Delhi High Court as also the Supreme Court of India on the same issue w.r.t. similar subject-matters, made it clear that applications received prior to subsequent State ban cannot be rejected relying on the ban. Thus, there cannot be a plea of delay and latches, taken by the NCTE, in the case of similar circumstanced institutions, in which a proposition of law in rem was laid down, binding on the NCTE for all prospective applications pending before it. Even the NCTE itself had been in a large number of cases taking the stand that applications received prior to issuance of subsequent State ban must be considered on merits and actually issued the approval in the said regard. Even the Supreme Court in Saraswati Deep College of Education v. NCTE 21 had taken the very same view of the processing of applications on merits. Though for subsequent years, since the NCTE itself had accepted the aforesaid judgment and had selectively applied it to several institutions processing their applications and granting them approval, therefore, the judgments of the Supreme Court in Saraswati Deep College of Education 22 ought to have been treated as binding law. Referring to the judgment of State of U.P. v. Arvind Kumar Srivastava 23 , the Court held that the exception to a particular set of petitioners being benefitted by the directions of the Supreme Court only will not apply in those cases where judgment pronounced by the court is a judgment in rem with the intention to give benefit to all similarly situated persons, whether they approach the court or not. If through any pronouncement an obligation is cast upon the authorities to itself extend the benefit thereof to all the similarly situated persons, then the judgment in its applicability should not be restricted only to the parties before it, but to all similarly circumstanced. Accordingly, in view of the aforesaid judgment, the High Court directed the NCTE to process the pending applications on merits for the grant of approval of teacher training courses.

(6) Kamni Tripathi v. State of M.P. 24

(Delivered on March 30, 2022)

Coram: 2-Judges Bench of HM Justices Sujoy Paul and Dwarka Dhish Bansal

Authored by: HM Justice Sujoy Paul

Writ petitions were filed challenging the cancellation of allotted seats under the second round of counselling to various students of nursing course. The said allotment was cancelled on the ground that the reservation roster was not properly followed in the allotment of seats. The grievance of the petitioner was that, after allotment of the seat, it cannot be cancelled unilaterally, without hearing the student concerned as it is also violative of Article 21 of the Constitution of India , petitioners possessing the right to livelihood. Reference was made to the judgment of Sanatan Gauda v. Berhampur University 25 , that allotment of seats cannot be cancelled post-admission on the same and that the principle of estoppel applies. Reliance was made on the MP Online Counselling and Admission Procedure Rules and Government BSc Nursing College Selection Rules, to contend that the cancellation is contrary to the statutory provisions provided under the said Rules. This was all the more when the petitioner had prosecuted studies for a few months, and this would affect their prospects. The court relied upon a beautiful saying quoted in Neelima Misra v. Harinder Kaur Paintal 26 by the Supreme Court, which read thus:

“…even God himself did not pass [a] sentence upon Adam before he was called upon to make his defence. Adam (says God), where art thou? Hast thou not eaten of the tree whereof I commanded thee that thou shouldest not eat?….”

The Court referring to a longline of judgments, specifically Rule 17 of the Counselling Procedure Allotment Rules held that the mandatory procedure to be followed prior to cancellation of any admission has not been followed in its letter and spirit, and thus, even though the reservation roster was not followed, it was no ground to have cancelled the admission of the candidate unilaterally and arbitrarily. Accordingly, the High Court quashed the cancellation order and restored the admissions of all the candidates.

(7) Gambhirdan K. Gadhvi v. State of Gujarat 27

(Delivered on March 3, 2022)

Coram : 2-Judge Bench of HM Justices M.R. Shah and B.V. Nagarathna

Authored by : HM Justice M.R. Shah

The petition was filed under Article 32 seeking a writ of quo warranto challenging the appointment of Respondent 4 as Vice Chancellor of Sardar Patel University (for short “SPU”) and setting aside of notification appointing him so. The writ petition was filed before the Supreme Court as the previous appointment of the very same petitioner on being challenged before the Gujarat High Court was repelled and direction was issued to the University to State to make suitable amendments to the Act and the Rules framed thereunder providing for to bring them in conformity with the UGC Regulations 2010/2018 for incorporating the eligibility pertaining to the appointment of Vice-Chancellor of the University.

Section 10 of the SPU Act, 1955 did not provide any qualification whatsoever for appointment to the post of Vice-Chancellor and the question arose whether the UGC Regulations, 2018 are binding at all upon the University (SPU) for appointment of the Vice-Chancellor.

Answering the issue of maintainability, the Court held that the writ of quo warranto lies and can be issued only when the appointment is contrary to the statutorily framed rules. If the rules of statutory provisions are silent on the aspect of eligibility, then the writ of quo warranto cannot be issued. Referring to the judgments of Rajesh Awasthi v. Nand Lal Jaiswal 28 and Armed Forces Medical Assn. v. Union of India 29 , Court held that the strict requirement of locus standi stands relaxed in quo warranto proceedings, which afford a judicial remedy to any person for challenging the appointment or holding of office by its incumbent. However, at the same time, the writ of quo warranto is an extremely limited one, that can be issued only when the person does not fulfil the eligibility criteria for holding any office.

The question thus arose was that, in the absence of any statutory provisions prescribed in eligibility under the SPU Act, whether the provisions of Section 26(1) of the UGC Act, 1956 read with UGC Regulations 2010/2018 can be resorted to for testing the eligibility of the VC of SPU. The UGC Regulations are specific and strict about the eligibility for the appointments to the post of Vice-Chancellor and since the financial assistance was being offered by the Central Government to the extent of 80% in lieu of the scheme adopted by the State of Gujarat for payment of salaries to the teaching faculty in view of the Sixth Central Pay Commission (“CPC”), therefore the State of Gujarat was bound by the UGC Regulations. Relying upon Section 12( b ) of the UGC Act, Court held that in view of the fact that SPU was receiving central financial assistance, despite being the State University and having adopted the UGC scheme, it automatically got bound by the UGC Regulations, 2010 and thus eligibility laid down therein was binding on the State University for appointment of Vice-Chancellor. The State Government failed to incorporate necessary amendments to the enactment adopting and imbibing the eligibility of admissions for appointment to the post of Vice-Chancellor, which was lamented being extremely unfortunate by the Supreme Court. However, in view of UGC Regulations, 2018, the appointment of Respondent 4 (Vice-Chancellor) was held to be illegal, being subject to the issuance of a writ of quo warranto in the said regard. The provisions of the State of the SPU Act as well the rules framed thereunder were held to be repugnant to Section 26(1) of the UGC Act read with the UGC Regulations, 2018 and thus repugnant in view of Article 254 of the Constitution of India . Accordingly, the appointment of Vice-Chancellor was struck down by the court.

Paras 55 and 56 of the judgment are worth quoting, which read as follows:

“55. Discussing the situation in the backdrop of principle of governance quoted by Chanakya in his Nitishastra ‘Yatha Raja Tatha Praja’, the sense of morality must begin from the door of the leader who preaches it.” 30

“56. Thus, universities are autonomous, and the Vice-Chancellor is the leader of a higher education institution. As per the norm, he/she should be an eminent academician, excellent administrator and someone who has a high moral stature. The aforesaid reports of the Radhakrishnan Commission, Kothari Commission, Gnanam Committee and Ramlal Parikh Commission, have highlighted the importance of the role of Vice-Chancellor in maintaining the quality and relevance of universities, in addition to its growth and development, keeping in view, the much-needed changes from time to time. Further, these committees have also made suggestions and recommendations for identifying the right person for the said position. At this stage, it is correct to say that a Vice-Chancellor is the kingpin of a university’s system and a keeper of the university’s conscience.” 31

(8) Mandeep Kumar v. State (UT of Chandigarh) 32

(Delivered on March 9, 2022)

Coram: 2-Judge Bench of HM Justices Indira Banerjee and J.K. Maheshwari

Authored by: HM Justice J.K. Maheshwari

The appellants were all waitlisted candidates, who had approached the court for filling up of unfilled posts of elementary trained teachers (for short “ETT”), from the waitlist, instead of being re-advertised again for filling of the same through the fresh round of selection. The Punjab and Haryana High Court dismissed the writ petition holding that the employer is always entitled to go for a fresh round of selection after exhausting the main list and not compelled to resort to or exhaust the waitlist. The appellants belonged to reserved OBC category candidates, who were staking claim over the posts belonging to SCs/STs category remaining unfilled on account of non-availability of SCs/STs category candidates, which would have been surrendered to the OBCs category as per the applicable policy of the reservation/interchangeability of the posts from SCs/STs category to OBCs category in the event of non-availability of the category candidates concerned. The State took a specific stand that they were not inclined to interchange or dereserve the vacant post of SC/ST category to the OBC category, for that reason fresh advertisement with a fresh selection process was initiated.

The court referring to Section 7 of the Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006 held that the satisfaction of the State Government not to dereserve/interchange the seat belonging to SC/ST to OBC was duly demonstrated in the matter to be existing in larger public interest against dereservation. In such circumstances, even though the interchangeability/dereservation of the vacant unfilled posts of SC category may be statutorily permissible and possible, but if the State Government had demonstrated to be not desirable, the fresh selection process and the fresh advertisement for filling up all the vacant SC/ST posts of ETT is not liable to be interfered. The appeal was accordingly dismissed.

(9) Santosh Trust v. National Medical Commission 33

(Delivered on March 15, 2022)

The petition was filed challenging the disapproval letters issued by National Medical Commission (for short “NMC”) rejecting the grant of permission for an increase in seats of the MBBS course as also the PG courses in the petitioners’ medical college. The rejection order was issued essentially on two grounds; first, the insufficient number of patients in the hospital; second, the pendency of criminal cases and recovery proceedings at the instance of secured creditors and lenders/financial partners to the society/trust running the medical college.

The rejection orders were challenged on the fundamental ground that the assessing-cum-inspection team during inspection had not found any deficiency or shortcoming in the institution, but the same was brought on record by way of counter-affidavit before the court, which was originally neither mentioned in the rejection letter nor in the inspection report prepared by the inspecting team. The rejection order was further challenged on the ground that the FIRs and criminal proceedings were stayed by the High Court, in relation to which, without hearing the petitioners, the rejection letters were issued. The medical college hospital was a COVID hospital for serving COVID patients during the pandemic duration, owing to which the other patients of other ailments were not allowed to be hospitalised, for which the college was even awarded by multiple authorities on different occasions.

The Court held that the general principle is that the reasons for the rejection must be spelled out and discerned in the rejection letter itself in view of the landmark judgments of Mohinder Singh Gill v. Election Commr. 34 However, the exception to this general principle exists as laid down in All India Railway Recruitment Board v. Shyam Kumar 35 and Prp Exports v. Govt. of T.N, 36 that subsequent facts can be relied upon and referred to by the court for adjudicating the rejection order so pleaded in the counter-affidavit if public interest is involved and demonstrated to be existing.

On the aspect of insufficient and inadequate number of patients, the Court held that since the petitioner’s hospital was a COVID notified hospital, therefore they were restrained from giving admissions to patients with other ailments, and for this, they cannot be saddled with adverse consequences when other patients could not have been treated alongside COVID patients. 37

On the other ground of rejection, the Court held viz. pending criminal cases, and recovery proceedings against the medical college, the Court held that the college has been running for almost two decades and was one of the oldest colleges in the State of Uttar Pradesh. The criminal proceedings were stayed by the High Court, a fact which was never before the NMC, as, no opportunity of hearing or show cause was given nor the material being used against the petitioner was not provided to them. Such criminal cases and complaints could not have been considered, more so when all the FIRs were stayed. The recovery proceedings were pending and there was no final outcome of the same, for which the statutory remedies were available before the higher forums to the management of the medical college, and mere pendency of such recovery proceedings cannot lead to or be a ground per se to infer that institution is not meeting the eligibility criteria under Section 29 of the NMC Act. This was even more important when the institution was not seeking fresh permission but only an increase in the number of seats on the basis of available infrastructure, which was to be found satisfactory in the inspection carried out by the assessing-cum-inspecting team of the NMC itself. Accordingly, the court quashed the decision of the NMC and directed the NMC to issue the approval letter granting approval for the aforesaid MBBS courses and inclusion of the said seats in the ongoing counselling process for medical admissions.

(10) North Eastern Indira Gandhi Regional Institution of Health and Medical Sciences v. Bisakha Goenka 38

(Delivered on March 25, 2022)

Coram: 2-Judge Bench of HM Justices Sanjib Banerjee and W. Diengdoh

Authored by: HM Justice W. Diengdoh

The challenge was placed to the order passed by the Single Judge through which the petitioner was permitted to participate in the counselling process for admissions to MBBS course, who was denied the same on the ground that she did not participate in the initial counselling, which was an e -counselling process. The case of the petitioner was that the e-mail sent by the counselling authority viz. North Eastern Indira Gandhi Regional Institution of Health and Medical Sciences (for short “NEIGRIHMS”) was sent through e-mail, that landed in the spam box of her e-mail, which she discovered late. Due to the e-mail landing into the spam box, she could not participate in the counselling. The Division Bench held that since the counselling authority had sent the intimation timely through e-mail to the candidate, the candidate was at fault of not being more vigilant and diligent in discovering the e-mail. However, the Division Bench disagreed with the view taken by the Single Bench but held however that element of interference with the discretion already exercised when a plausible view seems to have been taken and that substitution of view by the Division Bench is extremely restricted. It further held that a right always inheres in a waitlisted candidate for the candidature to be considered if the original list is not filled up or somebody opting out from the original list midway. Thus, in the case of the writ petitioner, the possibility was extremely scant, that she would have deliberately acted to her prejudice by ignoring the e-mail sent to her by the counselling authority, especially when the admission process was e-counselling, the possibility of the candidate waving off the intimation and the chance to participate in the counselling to her detriment. Thus, the judgment of the Single Bench was affirmed by the Divisional Bench, albeit with reservations on the finding given by the Single Judge. The writ petition was accordingly disposed of.

(11) State of Kerala v. C. Sreenivasan 39

(Delivered on March 28, 2022)

Coram: 2-Judge Bench of HM Justices Alexander Thomas and Viju Abraham

Authored by: HM Justice Viju Abraham

Applicants before the court were all Assistant Professors (for short “AP”) of Mathematics in various Government institutions, (originally nomenclature as lecturers), appointed on the advice of the Kerala Public Service Commission. The issue agitated before the High Court was about inclusion of the period of service rendered by them in self-financing colleges not taken into consideration for the grant of said benefit of career progression under the UGC Scheme. Thus, the court was called upon to decide whether the prior service rendered in the self-financing unaided colleges could be reckoned as eligible service for being considered for career advancement promotion, which was decided by the Kerala Administrative Tribunal in favour of the APs. The primary contention of the Government, which had challenged the KAT order before the High Court was that since the Government and the State Universities have no administrative financial control over the unaided self-financing institutions, therefore the services rendered in the said cannot be treated as eligible service for the said benefit of career progression. However, the court referring to various Government orders and resolutions, held that there is no nexus between the classification of the services rendered in Government colleges and the self-financing private colleges, when the career advancement scheme does not make any such distinction so issued by the UGC. When the said benefit was extended even to teachers working in autonomous, Government-aided institutions, there was no reason why the said should not include within its ken the self-financing private institutions as well. Accordingly holding the said classification to be unreasonable and violative of Article 14 of the Constitution of India , the High Court affirmed the judgment of KAT holding all the original applicants as entitled to the benefit of the career advancement/progression scheme.

(12) M.K. Shah Medical College & Research

Centre v. Union of India 40

(Delivered on April 1, 2022)

Coram: HM Justice Rekha Palli

Challenge was laid to the communications issued by the National Medical Commission (for short “NMC”), through which the approval/permission for various PG courses was declined by the NMC and Government of India (for short “GoI”). The approval was denied on the ground of non-production of an essentiality certificate from the State Government concerned to start a new medical college, as also on the ground that the existing PG courses of the petitioner were yet to be recognised. The permission for other courses was allowed in part, meaning thereby that only half of the seats out of the full applied intake were approved, and the full applied intake was denied on a presumptive suspicious ground that the principal of the college must have produced exaggerated disclosures.

The court initially dealt with the preliminary objection about the maintainability of the writ petition, in the face of an alternative remedy of statutory appeal under Sections 28(5) and 28(6) of the National Medical Commission Act 2019, not being exhausted prior to approaching the writ court.

On the aspect of preliminary objection,the Court held that since the counselling process was underway and there were purely legal questions involved, the court writ petition without availing the alternative remedy is maintainable.It further held that the petitioner was denied the opportunity of hearing and principles of natural justice were violated in the case, where the assessors/inspectors’ report was completely in favour of the petition institution, but the NMC acted contrary to the same, without hearing the institution concerned. Thus, on this Court also the writ petition was maintainable.

The court in the process of reasoning relied upon the judgment of Index Medical College Hospital & Research Centre v. Union of India 41 , holding that where the counselling process had already commenced by the time the final order came to be passed by the NMC, the remedy of appeal can be treated as an efficacious one. Accordingly, the preliminary objection was overruled. The Court further held that since no deficiency was found in the inspection report prepared by the assessors/inspectors who had physically inspected the medical institution, and that everything was found in order in the said inspection, without giving due opportunity of hearing and compliance of principles of natural justice, or pointing out new deficiencies or shortcomings in the institution, the petitioner’s application could not have been rejected or lesser applied intake approved instead of the actual applied intake. When no discrepancies were found in the inspection report, and the petitioner was not given any opportunity to explain the same, merely on presumptive apprehensions and suspicions, the seats could not have been reduced whilst granting approval to the medical college concerned against the actual intake applied for by them. It was further held that the Medical Assessment and Rating Board (“MARB”) under the NMC Act, 2019 is expected to prima facie show some justification for its decision, whenever the impugned orders are assailed before the court, especially when assessors found the requisite criteria prescribed under the regulations to have been duly met. Relying on the judgment of Medical Council of India v. Vedanta Institute of Academic Excellence (P) Ltd. 42 , the courts cannot question the inspection report issued by an expert team of assessors or sit an appeal of the same. The said logic shall apply to the NMC as well, which cannot arrive at its own arbitrary conclusions. Thereafter referring to the judgments of Rajiv Memorial Academic Welfare Society v. Union of India 43 and Santosh Trust v. National Medical Commission 44 , Court held that no fruitful purpose would be served in remanding the matter back to the NMC, when admittedly there are no deficiencies in the inspection report of the petitioner accordingly. The petitioner was granted permission to participate in the ongoing counselling for admissions instead of being remanded back for issuance of a fresh letter of approval/permission by the NMC by the court. The petition was accordingly allowed.

(13) Preethika C. v. State of T.N. 45

(Delivered on April 7, 2022)

Coram: 2-Judge Bench of HM Justices M.N. Bhandari and D. Bharatha Chakravarthy

Authored by: HM Justice D. Bharatha Chakravarthy

The challenge in the writ petition was to the reservation/preference made for the students of the government schools to the extent of 7.5% made in admissions to undergraduate medical/dental courses, as also challenge to constitutionality of various provisions of the Tamil Nadu Admissions to Undergraduate Courses in Medicine, Dentistry, Indian Medicine and Homeopathy on Preferential Basis to Students of Government Schools Act, 2020. The grounds of assailing were broadly as follows:

• The reservation was outside the purview of Articles 15 , 16 , and 21 of the Constitution of India .
• The amended provisions excluded the students of Government-aided schools in Tamil Nadu for being provided preference at power with the students of Government schools and thus the distinction between the two classes was unintelligible.
• The overall reservation is crossing the upper limit of 50% and thus violative of the ceiling of 50% as let down in Indra Sawhney v. Union of India 46 .
• There is already horizontal reservation for certain communities in the SC quota as also the backward classes and the most backward classes.

There was a legitimate expectation amongst all the students at the time of appearing for the senior secondary examination the percentage for the reservation is fixed and thus the percentage of reservation cannot be altered to their prejudice, till and until the student are known in advance. Thus, the legitimate expectation of students was shattered, resulting in a violation of Article 14.

Referring to the judgments of Sejal Garg v. State of Punjab 47 , Nupur v. Punjab University 48 , and Monnet Ispat & Energy Ltd. v. Union of India 49 , Court held that there cannot be a legitimate expectation as to the continuity of the same scheme and state of things in the matter of admission on the part of students. The principle of just expectation cannot be invoked when public interest demands a change of policy, which can never be barred by principles of promissory estoppel. Thus, since the matter relates to admissions to professional courses and the impugned enactment is an outcome of legislative policy made in consideration of overriding public interest, principles of legitimate public interest under Article 46 of the Constitution of India , the same could not have been challenged.

The Court relied upon the expert reports to state that economic backwardness combined with rural, and social backwardness can be criteria for students for being given preference/reservation in medical admissions. The court found that the State had followed the process of appointing a Commission to study the relevant factors, data, and statistics, and only based on the same had the impugned legislation been enacted. Impugned legislation toward ensuring “proportional equality” is being enacted.

Relying on the recent most judgment of Neil Aurelio Nunes v. Union of India 50 , Court held that on account of the socioeducational economical background, the cognitive gap shall always be there, which requires positive discrimination by the State. Accordingly, the amended provisions were held to have a nexus with the objective of providing opportunities to government students with a socially and economically weaker background to make them overcome disadvantages for the full utilisation of their physique, character, and intelligence and thus not violative of Article 14 of the Constitution of India . The Court held that the impugned legislation is not including any person in the quota provided but introducing a new criterion altogether by way of horizontal reservation. Thus, since the nature of reservation was horizontal, one being dealt with extensively in the earlier judgments of Indra Sawhney v. Union of India 51 , the argument of ceiling of 50% would not apply and it becomes a permissible reservation provided to “socially and educationally backward class” under Articles 15(4) and 15(5) read with Article 46 of the Constitution of India .

The challenge therefore was to the constitutionality of various amended provisions of the Government Schools Act, 2020 and the official memorandums issued on the basis thereof was repelled by the High Court in the given circumstances and constitutionality affirmed.

(14) Central Council for Indian Medicine v. Karnataka Ayurveda Medical College 52

(Delivered on April 11, 2022)

Coram: 2-Judges Bench of HM Justices L. Nageswara Rao and B.R. Gavai

Authored by: HM Justice B.R. Gavai

The question arose before the court about the permission for new course of study of Bachelor of Ayurvedic Medicine and Surgery (for short “BAMS”) course and whether the said benefit of such permission would enure in respect of previous year also. The Karnataka High Court took the view that if recognition/permission for the previous academic year was not granted, but subsequently in the next academic year the said approval has been issued, then the said permission would relate to the previous academic year as well.

Examining the scheme of Sections 13-A , 13-B of the Medicine Central Council Act, 1970 (for short “IMCC Act, 1970”), Court held that approval/permission on a scheme from the Central Government is a precondition for starting Ayurveda course and that no scheme can be started dehors the same. Specific factors as laid down under Section 13-A Clause 8 are to be taken into consideration prior to grant of approval of this scheme, which is a complete proposal in itself, for commencement of the Ayurveda course. The legislature itself has taken care of Ayurveda medical colleges established prior to the commencement of the IMCC (Amendment) Act, 2003 and thus the High Court was held to have failed to take into consideration the entire scheme under Section 13-A of the IMCC Act. In order to be eligible for grant of permission for undertaking admissions in any particular academic year, the institution must fulfil the requirements of minimum standards as on 31st December of the previous year. In such circumstances, the finding that permission granted for subsequent academic year would also enure to the benefit of earlier academic year is totally erroneous and the view of the Karnataka High Court was accordingly set aside. The court in the process of reasoning adopted the law laid down by it in Ayurved Shastra Seva Mandal v. Union of India 53 , to hold that such a conclusion is clearly impermissible, and the judgment of the Division Bench was set aside.

(15) Dental Council of India v. Biyani Shikshan Samiti 54

(Delivered on April 12, 2022)

The Rajasthan High Court had quashed and declared the provisions of Regulation 6(2)( h ) of the DCI (Establishment of New Dental Colleges, Opening of New or Higher Course of Study or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006 as unconstitutional, as amended by 2012 Notification. Through Regulation 6(2)( h ), a condition was imposed for all new dental colleges for having exclusive affiliation with a private/Government medical-cum-dental hospital situated within a periphery of 10 Kms (subsequently increased to 20 Kms) which do not have any medical or dental colleges affiliated to them. Rajasthan High Court declared the said provision to be unreasonable, arbitrary, and unconstitutional on three essential grounds which are as follows:

• That it is violative of Article 19(1)( g ) of the Constitution of India .
• That it is beyond the scope of the powers of the Council to make delegated legislation as provided under sub-section (7) of Section 10-A of the said Act.

That it is violative of Article 14 of the Constitution of India , inasmuch as the dental colleges established prior to impugned notification would be permitted to run without attachment with medical colleges, whereas the dental colleges established after the impugned notification will be compelled to have such an attachment with the medical colleges.

The Supreme Court setting aside the said judgment held that subordinate legislation can always be tested on the grounds of unreasonablity, arbitrariness or proportionality, but the same must be “manifestly arbitrary/unreasonable”. Relying on the judgments of State of T.N. v. P. Krishnamurthy 55 , Indian Express Newspapers (Bombay) (P) Ltd. v. Union of India 56 , Shri Sitaram Sugar Co. Ltd. v. Union of India 57 , the Court held that mere perception of unreasonability or arbitrariness is not enough, but something more must be forthcoming on the ground of challenge as not meeting the essential and basic parameters of reasonableness. If the rulemaking authority is able to demonstrate a differential treatment for differential classes with sound and plausible justification for the same, then the rule shall not be manifestly arbitrary. Accordingly, after examining the justification offered by the Central Government and Dental Council of India, Court held that reason for not permitting more than one dental college to be attached to existing recognised medical college within the prescribed radius is that if one dental college is permitted to be attached to a recognised medical college, which is already having 500-750 students, then it will lead to overcrowding of students in the medical hospital, which may affect their clinical studies. Thus, the amended Regulation cannot be said to be manifestly arbitrary, so as to warrant interference by the court. Accordingly, the judgment of Rajasthan High Court was set aside, holding the amended Rules 6(2)( h ) to be intra vires.

(16) NCTE v. Om College of Education 58

(Delivered on April 20, 2022)

Coram: 2-Judge Bench of HM Justices Vipin Sanghi and Navin Chawla

Authored by: HM Justice Navin Chawla

The letters patent appeal before the Division Bench was preferred was against the judgment of the Single Bench, through which National Council for Teacher Education (for short “NCTE”) was directed to process and decide the pending applications for grant of approval of the teacher training courses, like D El Ed. The State of Rajasthan took a policy decision of not permitting the opening up of new colleges in the State of Rajasthan and declined to nominate an expert to participate in the Screening Committee on the ground that, in the year concerned there was a ban operative on the opening up of new colleges. The court examining the longline of judgments on the specific role of the State Government in declining to grant permission/NOC/consent for opening of new institutions held that if the Central Government has the power and authority to decide upon the grant of approvals to private unaided teacher training institutions, then the State cannot decline the same and has a very limited role to play. In the said regard, the Court referred to the judgments of Bhartia Education Society v. State of H.P. 59 , Maa Vaishno Devi Mahila Mahavidyalaya v. State of U.P. 60 , wherein the court specifically referred to Regulation 7(13) of the NCTE Regulations, to hold that the State Government cannot refuse to appoint an expert in the Selection Committee for appointment of an expert member creating hindrances in the consideration of application of the institutions for grant of recognition/permission. If the State refuses to nominate any expert in the Selection Committee, then NCTE cannot wash off its hands, but must proceed without any nomination by the State. NCTE must proceed with the application of the applicant institution concerned in exercise of powers available under Section 12 (power to relax) of the regulations, being unhindered by the refusal of the State Government to participate in the selection process. The power to relax in such a situation is to be invoked and that the role of the State is extremely limited to bring forth its concerns and considerations before the NCTE, so that they can be adequately addressed and redressed. The State must forward its report supported by entire material justifying the imposition of ban in the State, which the NCTE is duty-bound to consider, but the NCTE cannot withhold the consideration and processing of applications, just because the State declines to do so. Accordingly, the appeal was disposed of with directions to the NCTE for processing the applications so filed by various private applicants, to their logical conclusion within a time-bound period.

(17) Apurv Shankar v. Union of India 61

Coram: Single Judge Bench of HM Justice V. Kameswar Rao

Authored by: HM Justice V. Kameswar Rao

The petitioner had approached the High Court challenging the decision of denying them the permission to appear in the screening test conducted by Respondent 1 (National Medical Commission), for the fundamental reason that the petitioner had obtained only 47.83% in Physics, Chemistry, and Biology taken together in the 10+2 examination and would have never been granted the eligibility certificate at the outset. The petitioner contended that the B.P. Koirala Institute of Health Sciences, Dharan, Nepal, from where he had completed his MBBS is a recognised institution under Section 12 read with Schedule II of the Indian Medical Council Act, 1956 (for short “IMC Act, 1956”).

The court traced the statutory history of Sections 12 and 13 of the IMC Act, 1956, whereunder Sections 13, 4-A, 4-B, and 4-C were inserted, providing about the requirement of clearing a screening test and obtaining an eligibility certificate for students, who have obtained medical qualification from outside India, for enrolment as a medical practitioner in any State of the country. Various regulations were framed under the enactment in pursuance thereof by the MCI, titled as Foreign Medical Institution Regulations, 2002, (hereinafter, “Eligibility Regulations”) and Screening Test Regulations, 2002 (hereinafter, “Screening Test Regulations”) mandating the requirements of clearing of screening test as a precondition for registration as a medical practitioner.

The question arose about the interpretation of the press note issued by MCI in October 2008, about the applicability of the aforementioned screening test regulations and eligibility regulations to the case of the petitioner. The Court held that the amending provisions and the regulations framed thereunder must be interpreted purposively in the background of which they were introduced and incorporated. The said Acts and Regulations were traced to have been necessitated, owing to medical scams of illegalities and irregularities that took place in admissions and passing out of students from such foreign medical institutions, thereby not meeting the domestic standards in the country. Thus the press note of October 2008 clarifying the applicability of screening test and eligibility was fully applicable to the petitioners and the petitioner was expected to possess atleast 50% marks in aggregate of Physics, Chemistry, and Biology for being issued eligibility certificate to sit in the screening test of a foreign medical institution to get himself registered in India under the provisions of the IMC Act, 1956. Referring to the judgment of Yash Ahuja v. Medical Council of India 62 , Court held that the very same issue was already settled by the Supreme Court therein. The Court held that even dehors the press note, the amended provisions of Section 13 and various regulations framed thereunder on their own are applicable on the institutions and thus, the press note cannot change the position any further. Accordingly, the petitioners were held to be ineligible for want of possessing appropriate minimum benchmark of marks in Physics, Chemistry, and Biology taken together for being issued eligibility certificate for sitting in the screening test and the petition was dismissed.

(18) Ashutosh Singh v. University of Delhi 63

(Delivered on April 21, 2022)

The challenge was made to the rejection of “spot admission” round to be held for admissions to the LLM programme for the Session 2021-2022 on account of the non-production of OBC caste certificate of the current financial year by the petitioner before the counselling authorities. Spot admission/college level counselling.

The petitioner approached the High Court challenging the rejection of his participation and admission in the university, on the fundamental ground that he was not given the time to procure the OBC non-creamy layer caste certificate for the Financial Year 2021-2022, which he was admittedly issued later but for at the time of counselling. Thus, the eligibility and entitlement of the petitioner for the admission against the OBC quota seat was not under any kind of dispute or doubt, despite which the same was rejected. On the question of delay in the procurement of the caste certificate on the ground of a few days delay and last-minute procurement of the caste certificate by the petitioner, Court held that the petitioner must have reasonable and sound anticipation of being granted admission against the OBC quota seats, which arose only when the seats were going vacant in the third round of counselling, otherwise there was no anticipation of admission for him. It was only when the reasonable anticipation and probability of admission arose, that the petitioner proceeded to apply for the said certificate and took the same. Thus, the delay in applying or procurement of the said caste certificate cannot be a ground for rejecting the admission.

Court held that the respondent Authorities never placed any condition of not accepting undertakings relating to production of caste or any reservation related certificates, then respondents cannot take the plea of not permitting candidates like the petitioner who produced the eligibility certificates later.

It was further held that insofar as benefits of reservation to the reserved categories like OBC, SC/ST are concerned, the authorities must always facilitate the candidates to take the advantage of reservation by being accommodative of production of the certificates, if otherwise, the candidate makes a claim that he is eligible for the entitlement of said certificate. By adopting a hypertechnical approach, reservation benefits to eligible meritorious candidates should not be denied.

On the question of granting relief after the commencement of academic session, the Court observed that the delay in disposal of the writ petition had occurred because of time and adjournments being sought repeatedly by the respondent University/admission granting authority and the petitioner had approached the court immediately well in point of time. Since there was no delay on part of the petitioner in approaching the court, even though the academic session had commenced, if the petitioner was entitled for grant of relief, then the court may pass appropriate orders directing for admission of the petitioner to the course in question if the seats are vacant. Accordingly, the writ was allowed.

(19) Sumandeep Vidyapeeth v. Union of India 64

(Delivered on April 22, 2022)

The application of the petitioner for starting of new ayurveda college with Bachelor of Ayurveda Medicine and Surgery (for short “BAMS”) degree from Academic Year 2021-2022 was rejected, which was affirmed by the appellate orders dated 24-2-2022 and 31-3-2022. The Letter of Intent was issued to the petitioner after a plenary inspection and issuance of essentiality certificate by the State Government in their favour. However, the final approval was denied to the college essentially on the grounds of non-availability of teaching staff, functioning hospital with proper OPD and IPD and the hospital staff. The court examined the inspection report to discover that teaching and non-teaching staff was found to be fully present during physical inspection by the assessing inspecting team. However, the AYUSH denied their employment on the ground that in the same academic session, the teachers were previously engaged in other institutes of the academic session and had joined the institution recently as full-time salaried teachers.

The court repelled the contention of AYUSH about teachers being fake teachers on the ground that there is no statutory bar over teachers changing their place of employment in the same academic year or joining a new one after leaving the previous institution of employment and that merely because in the same session, a teacher leaves previous employment to join a new institution, he gets debarred from being counted in the regular faculty of the new institution. Therefore, the plea of AYUSH was rejected on the legality of teachers working in the said institution. Referring to the judgments of Medical Council of India v. Kalinga Institute of Medical Sciences, 65 and Medical Council of India v. S.R. Educational & Charitable Trust 66 , Court held that since there was admittedly no deficiency in the teaching staff of the institution, therefore, plea of AYUSH is untenable. Holding further that it is need of the hour to encourage AYUSH institutions, the Court held that it would be against public interest to deny permission to such ayurveda colleges. The AYUSH was directed to issue letter of permission to the petitioner for participating in the remaining rounds of counselling of the BAMS course for Session 2021-2022.

(20) Srinivasan Medical College & Hospital v. Union of India 67

(Delivered on April 29, 2022)

Coram: Single Judge Bench of HM Justice Dr Anita Sumanth

Authored by: HM Justice Dr Anita Sumanth

The issue that arose before the High Court was about the requirement of affiliation of a private university imparting MBBS and medical education courses (UG and PG) with the State University (TNMGR Medical University, Chennai) as a precondition for granting admissions in its medical courses. The private university was established under Tamil Nadu Private Universities Act, 2019 (for short “TNPU Act, 2019”). The petitioner University was granted approval for 150 seats of the MBBS course by the National Medical Commission. When the admission process was to commence, a notification was issued mandating all the private, self-financing medical and dental colleges of the State to get themselves affiliated with the State Medical University, and the petitioner, being the private university itself, was denied participation in the State counselling for want of affiliation from the State university. The writ proceedings were initiated for twin purposes, firstly, for the inclusion of the 65% seats in the State counselling and secondly, for the inclusion of 35% seats in the centralised counselling conducted by the Directorate General of Health Services (for short “DGHS”).

The court whilst examining the provisions of the TNPU Act, 2019 held that the act is an expression of the State’s interest in promoting private players in the field of university education and that the Act ensures appropriate, adequate, and proper control and supervision on the management of private universities at the behest of the State authorities. In the said view of the statutory arrangement, it would be unnecessary and superfluous to require the petitioner, being a private university to claim affiliation from a third State university. The purpose of seeking affiliation from the State medical university is to retain and maintain appropriate control over the examinations of the medical college concerned, which control is indirectly maintained by the Government over the private university, especially through the establishment of a regulatory body viz. private University Regulatory Commission. Referring to the judgment of Maharishi Markandeshwar University v. State of H.P. 68 of the Supreme Court of India, the Court held that it is only the constituent colleges of the State university that would require affiliation, and not the private universities established under the private university enactment of the State. Imposing the condition for affiliation on such a university is clearly an inroad into the autonomy of the institution concerned, which cannot be permitted. Accordingly, the notification of the State insofar as it mandated the university concerned to procure affiliation from State medical university was quashed qua the private universities established under TNPU Act, 2019.

On the second issue of inclusion of 35% seats in the all India counselling process, Court held that referring to Regulation 3 of the Graduate Medical Education Regulations, 1997 (GME Regulations), the Court held that a university established under the State enactment viz. the TNPU Act, 2019 shall be deemed to be a University established by the State enactment, referring to a longline of judgments of S.S. Dhanoa v. MCD 69 . When the colleges affiliated to TNMGR medical University can be included in the all India counselling, there is no hindrance for ingredient colleges of the private university of the petitioners being covered by Clause 3 of the GME Regulations. However, the court lamented the absence of any mechanism or framework through which all AIQ counselling can be extended and convened for private Universities in the State of Tamil Nadu, for which purpose the center and the State authorities were directed to immediately come out with such a framework. Accordingly, the writ petition was allowed, and the seats approved by the NMC of the medical course of the petitioner institution were directed to be included in the counselling process.

(21) National Medical Commission v. Pooja Thandu Naresh 70

Coram: 2-Judges Bench of HM Justices Hemant Gupta and V. Ramasubramanian

Authored by: HM Justice Hemant Gupta

The challenge was laid to the judgment of Madras High Court, which quashed the circular issued by Tamil Nadu Medical Council, that imposed the requirement of compulsory rotatory residential internship, followed by one year of internship before granting permanent registration under IMC in India. It was argued on behalf of the candidate that since she was declared qualified by the foreign institute after undertaking online teaching courses during the COVID-19 Pandemic, no additional requirement could be imposed by either the State Medical Council or the National Medical Commission as a precondition for registration as a medical practitioner. The only requirement that could be imposed is qualifying and clearing the screening test, imposed vide Screening Test Regulations of 2002.

The court extensively referred to eligibility regulations and screening regulations published in the GoI Gazette on 18-2-2002, which required the candidate concerned to undergo and clear the screening test. The admitted fact before the court was that the student had not undergone the practical and clinical training in the physical form, but only through online mode for the entire duration. Referring to Regulation 4(3), the Court held that since the candidate had not completed the mandatory clinical training as part of a curriculum, the course cannot be said to have been completed properly. The necessity of completing the entire duration of the course, including the clinical training is mandatory when the eligibility eegulations are read along with Graduate Medical Education Regulations, 1997. The candidate concerned may be eligible and entitled to practice in a foreign country, but he/she cannot be allowed to practice in India. Referring to the judgment of Orissa Lift Irrigation Corpn. Ltd. v. Rabi Sankar Patro 71 , the Court held that practicals and clinicals form the backbone of the education with a hands-on approach involving actual application of principles taught in theory and thus without practical training, there cannot be any doctor expected to take care of the citizens of our country. Further screening examination is no proof of the clinical experience gained by the students, nor can it be its substitute. Accordingly, the decision of the High Court was held to be improper as an interference with expert opinion. Directions were issued to the NMC for providing one-time relaxation to all such students who were not able to complete their clinical training during the COVID pandemic.

(22) Aravinth R.A. v. Union of India 72

(Delivered on May 2, 2022)

Coram: 2-Judge Bench of HM Justices Hemant Gupta and V. Ramasubramanian

Authored by: HM Justice V. Ramasubramanian

Challenge was made to the constitutionality of various provisions of National Medical Commission (Foreign Medical Graduate Licentiate) Regulations, 2021, (for short “Licentiate Regulations”) and the provisions of National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021, (for short “CRMI Regulations”), published in November 2021. The provisions were challenged by various students, who had undertaken their studies from various foreign universities and were unable to complete the course during the pandemic years of 2020, 2021 and 2022. The provisions of Licentiate Regulations provided for a minimum duration of the medical course being undertaken abroad; minimum duration of internship so undertaken abroad; registration with the regulatory body, etc. in the same vein, the provisions of CRMI Regulations provided for compulsory internship in recognised medical colleges as a precondition for permanent registration as a medical practitioner in India; undertaking of national exit test; registration with the regulatory body both prior and post commencement of the medical course with the competent regulatory authority in the countries where the course is being undertaken, as also in India. The challenge was mounted on various grounds, fundamentally being arbitrary, and violative of Part III rights of the Constitution of India . However, the court repealed the challenge, quoting many past experiences (mostly in the form of scams), that dropped the medical education sector in the late 1990s and early decade of 2000 on fake doctors completing education courses from abroad and then seeking registration in India. The necessity of “time”, which warranted the experts in the field of education to introduce rigorous, protective, and stringent measures for verification of all those students undertaking medical education abroad, so that those who do not undertake the course genuinely are segregated from those who have undertaken it so.

In its reasoning, the court traced the origin of statutory provisions governing foreign medical education right from the year 1916, when such provisions were being introduced, especially under Medical Degrees Act, 1916 , followed by Indian Medical Council Act, 1933 . The Court held that pre-admission and post-completion of the medical course concerned, the expert body has full authority to determine the eligibility of any candidate who wants to study abroad, as he shall be utilising the skill obtained abroad to the citizens of the country, for the purposes of which the checks and restrictions can be imposed. The court also referred to a longline of judgments, which was delivered by the Supreme Court in the petitions filed by students who had pursued medical education from abroad seeking regularisation of their degrees from time to time and how courts were constrained to grant them relief in the absence of appropriate regulatory restrictive provisions. Reference in this respect was made to Medical Council of India v. Indian Doctors from Russia Welfare Associations 73 , Sanjeev Gupta v. Union of India 74 , Rohit Naresh Agarwal v. Union of India 75 .

Thus, accordingly referring to Sections 15, 35 and 36 of the NMC Act, Court held that no unreasonability or arbitrariness can be attributed to the Licentiate or CRMI Regulations, affirming the constitutionality of the same in view of the existence of laudable objectives behind it attending to the public health concerns of the country.

(23) K. Ragupathi v. State of U.P. 76

(Delivered on May 12, 2022)

Coram: 2-Judge Bench of HM Justices L. Nageswara Rao and B.R. Gavai

The appellant challenged the termination order issued by Gautam Buddha University, Greater Noida, U.P. without holding an enquiry submitting that he could not have been suddenly relieved, which in effect was a punitive termination and passed in a mala fide manner. The appellant was appointed following the same mode and manner, which was being followed for appointment of permanent and regularly employed teaching employees but on a purely contractual basis. The appointment was affected from amongst the applicant candidates by the Selection Committee and thus even though the nomenclature of the appointment was contractual, for all intended purposes, they were required to undergo the entire selection process, which was born out from the affidavit of the university itself filed before the High Court. The terms and conditions are almost like a regular employee, including maintenance of annual performance assessment report (APAR) and grading of performance of the employee in the same including his reputation and integrity.

The High Court had dismissed the writ petition holding the appellant to be a contractual employee, setting aside which direction, the Court held that since the employment was partaking the character of a regular employee, he could not have been terminated without following the due principles of natural justice, especially when the services were discontinued plausibly on account of stigmatic allegations made against him by the Dean of the said University relating to his performance in the services. Accordingly, the termination order was set aside with due reinstatement of the appellant.

(24) Dr.Vikas R.S. v. State of Kerala 77

(Delivered on May 26, 2022)

Coram: 2-Judge Bench of HM Justices S. Manikumar and Shaji P. Chaly

Authored by: HM Justice Shaji P. Chaly

Challenge was put to the judgment of a learned Single Judge, through which dismissed the writ petitions of the petitioners, who were all government doctors holding that the provisions of Regulation 9 (IV) of the Medical Council of India Postgraduate (for short “MCIPG”) Medical Education Regulations, 2000 do not confer any right on the Government Medical Officers serving in rural areas to get weightage in the marks as incentive for the services rendered by them. The State of Kerala had a service quota in the PG medical course seats. Vide this service quota, the Government doctors, who had served in rural, remote, and difficult areas were entitled for being included in the said service quota along with grant of incentive marks. However, doctors working in rural areas were demanding to be given special reservations in the PG degree seats. The Single Judge held that a writ of mandamus cannot be issued for providing incentives or reservation to the Government medical doctors, nor can the existing provisions of the prospectus/brochure be challenged as arbitrary and violative under Article 14 of the Constitution of India . The Division Bench affirmed the judgment of the Single Bench, holding that no such directions can be issued and that splitting up of seats between the three departments viz. medical education service, health service, and insurance medical service in the ratio of 45:45:10 of the service quota cannot be treated as unjustifiable. No right is conferred on medical officers in the services of Government/public authorities to get weightage in the marks as an incentive for service in notified rural areas in such circumstances. Therefore, the court was handicapped in issuing any such direction to the government for incorporating the said provisions to the advantage of the appellants. Accordingly, the appeals were dismissed.

(25) Pranati Aguan v. State of W.B. 78

(Delivered on June 10, 2022)

Coram: Single Judge Bench of HM Justice Moushumi Bhattacharya

Authored by: HM Justice Moushumi Bhattacharya

The petitioners who were all aspiring to be appointed on the post of headmaster/headmistress challenged the amendments made to the West Bengal School Service Commission (Selection for Appointment to the Posts of Headmaster/Headmistress in Secondary or Higher Secondary and Junior High Schools) Rules, 2016, through which enhanced qualifications for selection on the post of headmaster/headmistress in schools were imposed. The qualifications were enhanced from 45% to 50%, which were challenged essentially on two grounds; firstly, on treating equals as unequals and creating a class between the existing appointed headmaster/headmistress serving the institutions (with lower qualification) and those to be appointed subsequently. Secondly, that the other departments of the State running schools are following and adhering to the qualification requirement of 45% and not 50% within the State and thus employees of one department are being unfairly treated by being subject to higher qualifications, after having served continuously for more than 10 years at various schools on the post of teachers/assistant teachers.

Court held that the petitioner cannot have any legitimate expectation, much less any vested right of being recruited to the post of headmaster/headmistress, which is always subject to eligibility criteria being determined by the employer. Thus, if the employer chooses to adopt the norms and standards laid down by the National Council for Teachers Education (for short “NCTE”), which is the apex authority governing the eligibility qualifications of the teachers, teaching in schools and pre-primary, primary, upper primary, secondary, and senior secondary education, then such a decision cannot be interfered with. It was further held that even though other departments of the State are following and adhering to lower qualification criteria, it cannot be a ground for striking down the higher qualification imposed by one department as progressive measures towards enhancement and improvement of educational standards must always be respected and revered by the courts. Maybe higher qualifications laid down by one department become a measure worth being emulated by other departments. On the aspects of treating equals as unequals, the Court held that there cannot be any comparison as prospective aspirants for the post of headmaster/headmistress standing on a different footing than existing post holders of headmaster/headmistress. The violation of the guarantee of equality can be alleged only if there is iniquitous treatment of persons falling within the same bracket despite their homogenous characteristics. Thus, the prospective aspirant for the post of headmaster/headmistress cannot be treated at par with those already serving on the said post. Higher educational qualifications are in consonance with Article 21-A of the Constitution of India for ensuring the excellence in academic standards through the excellence of teachers and staff as also pronounced in the landmark judgment of State of Orissa v. Mamata Mohanty. 79

(26) Bhat Ab. Urban Bin I Aftaf v. UT of J&K 80

(Delivered on June 27, 2022)

Coram: Single Judge Bench of HM Justice Sanjeev Kumar

Authored by: HM Justice Sanjeev Kumar

The challenge was laid by a BDS candidate, who had qualified the Pre-PG NEET entrance examination for admissions to the master of dental surgery course (PG seat). The Court held that denial of seat was unfair, but the question arose about adjustment of the candidate as the counselling process was already over and the last date of admission had expired. In the aforesaid context, Court held that under Article 226, the High Court has plenary powers to do justice for any petitioner candidate, who would be entitled to relief on being treated unfairly and unreasonably by the counselling and admission authorities. Referring to the judgment of S. Krishna Sradha v. State of A.P. 81 , the Court held that if a meritorious candidate has been denied admission by the counselling authorities illegally or irrationally for no fault of his/her, then the court can direct for increasing of seats even after expiry of the deadline for accommodating and effecting admissions to such deserving candidates. Court may also direct the private medical college concerned to keep the equivalent number of seats vacant in the subsequent years to enable them to complete their education timely. Relying on the aforesaid judgment, Court held that since in the present case, the petitioner had been denied unjustly and irrationally the benefit of reservation by the State authorities, therefore he should be accommodated in the current year by increase of one seat and the said seat should be adjusted in the next academic year for the overall intake. Accordingly, using its extraordinary inherent powers available under Article 226, the High Court granted relief to the petitioner.

†Partner, SVS Attorneys. Expert in constitutional, civil and securitisation laws and practising advocate at the Supreme Court of India.

†† 4th year Student at Dr B.R. Ambedkar National Law University, Sonepat.

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CSR's Critical Role in India's Education System: Impacts Revealed, But Gaps Persist: SoulAce

Csr programs in education have been instrumental in uplifting the quality of education and enhancing the overall educational experience, encompassing a wide range of initiatives.over the last 10 years, corporate india has risen to the occasion to support education initiatives that are both conventional and innovative, says adarsh kataruka, managing director, soulace.the report, dotted with more than a dozen case studies and over 100 data points, also highlights other significant impact indicators such as hygiene and sanitation, conducive learning space, increase in learning levels, teacher capacity building, and digital education programs..

New Delhi, India – Business Wire India Establishing resilient school infrastructure, enhancing the quality of teachers, and driving community-driven literacy are some of the hallmarks of the CSR initiatives being spearheaded by Indian businesses across the country, according to a new research by SoulAce, India's leading CSR consulting and monitoring & evaluation firm.

The report - The Impact of CSR Programs on Delivering Education's Promise - is a result of over 100 impact assessment studies of CSR programs in education being spearheaded by over 80 leading public and private limited companies. These programs, being run in over 120 districts across 20 states in India, were targeted at migrant children, and children living in tribal areas, rural pockets and urban slums. They also covered children from public schools, low-income families and special children.

A large number of CSR programs were aimed at uplifting the quality of education and were pivotal in enhancing the overall educational experience, encompassing a wide range of initiatives. These include providing remediation support to address learning gaps, introducing innovative methodologies for enriched learning experiences, building the capacity of teachers through professional development, empowering school leadership for effective management, and undertaking whole-school transformations to foster a culture of learning and innovation in education.

For example, some of the CSR programs were aimed at reducing the gaps in students' learning and bringing them up to grade-level competencies. Here, the report highlights the following impact indicators: • Improved Performance in Language: A 30 percent increase in the student's scores on grade-level assessment in the endline as compared to the baseline scores in language.

• Improved Performance in Mathematics: A 25 percent increase in the student's scores on grade-level assessment in the endline as compared to the baseline scores in mathematics.

• Increase in Learning Levels: 60 percent of students advanced by one or more learning levels in language and 43% of students advanced by one or more learning levels in mathematics. "Despite significant strides in achieving universal education, especially through initiatives like the Sarva Shiksha Abhiyan (SSA) and the Right to Education Act (2009), challenges persist, particularly in rural government schools. CSR programs in education have been instrumental in uplifting the quality of education and enhancing the overall educational experience, encompassing a wide range of initiatives.

Over the last 10 years, corporate India has risen to the occasion to support education initiatives that are both conventional and innovative," says Adarsh Kataruka, Managing Director, SoulAce.

The report, dotted with more than a dozen case studies and over 100 data points, also highlights other significant impact indicators such as hygiene and sanitation, conducive learning space, increase in learning levels, teacher capacity building, and digital education programs. • 100 percent of the schools across the interventions were found to have functional and clean toilets besides running water and handwashing facilities.

• 45 percent of the intervention schools, where additional classrooms were built, achieved an ideal student-to-classroom ratio.

• 60 percent of the schools had improved ventilation and lighting, and 100 percent of the schools had improved electrification and availability of lights/fans; and • 75 percent of the schools had resilient heat and rainproofing. Tracing the Gaps in CSR Education Initiatives "During the course of our research and impact assessments of CSR programs in education, we discovered long-prevailing regional disparities besides programmatic and content-related gaps. These are largely a result of insufficient stakeholder engagement, fragmented implementation, and reluctance to go beyond certain regional confines. To make CSR initiatives more inclusive, both policymakers and corporate stakeholders will have to broaden the definition of CSR and actively engage with communities living on the fringes in the eastern and north-eastern parts of the country," says Adarsh Kataruka, Managing Director, SoulAce.

Following are some of the Programmatic and Content-related gaps that the report highlights: Programmatic Gaps Insufficient stakeholder engagement: Programs often lack meaningful involvement from key stakeholders, specifically parents, CBOs, and local government, during the planning and implementation phases. This can result in a lower sense of ownership and commitment to the success of the initiatives.

Fragmented implementation: Programs often operate in silos, focusing on specific areas such as infrastructure or scholarships, without integrating these efforts into a comprehensive educational strategy that addresses multiple dimensions of quality education. Whole school transformation programs can help address this fragmented approach.

Content-related Gaps Low emphasis on teacher quality development: Professional development for teachers is sometimes overlooked in CSR initiatives. Content aimed at improving teaching methodologies, integrating technology in the classroom, and enhancing pedagogical skills is crucial for the overall quality of education.

Insufficient local and cultural relevance: Many CSR educational programs lay insufficient emphasis on incorporating local and cultural relevance, as seen in initiatives like spoken English and English language learning. Tailoring these programs to reflect the local context and culture can significantly improve engagement and effectiveness.

The report also notes that many CSR initiatives were instrumental in reducing the digital divide, providing resources ranging from computer labs and SMART classrooms to e-learning platforms and AI-driven educational tools. By enhancing digital access, these programs worked towards leveling the educational playing field, offering advantages such as flexible learning, personalized educational content, and broadened horizons for interactive and engaging learning experiences. These efforts not only sustained educational continuity during disruptions like the pandemic but also fostered a more inclusive and technologically adept learning environment for all students.

About SoulAce SoulAce is India's leading CSR consulting and monitoring & evaluation firm. Over the last 15 years, SoulAce has delivered over 3,000 CSR projects across 28 states and 200+ districts in India. Some of the clients include Tata Sons, P&G, IBM, Oracle, Reliance Foundation, Hindustan Unilever, Colgate Palmolive, Asian Paints, Larsen & Toubro, Kotak Mahindra Bank, among others. SoulAce's major verticals include CSR Impact Assessment and Fund Utilization Reviews, Advisory, CSR Monitoring & Evaluation, and Employee Volunteering. It also has a CSR project management platform to help organizations meet CSR compliance.

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Trends in electric cars

• Executive summary

Electric car sales

Electric car availability and affordability.

• Electric two- and three-wheelers
• Electric light commercial vehicles
• Electric truck and bus sales
• Electric heavy-duty vehicle model availability
• Charging for electric light-duty vehicles
• Charging for electric heavy-duty vehicles
• Battery supply and demand
• Battery prices
• Electric vehicle company strategy and market competition
• Electric vehicle and battery start-ups
• Vehicle outlook by mode
• Vehicle outlook by region
• The industry outlook
• Light-duty vehicle charging
• Heavy-duty vehicle charging
• Battery demand
• Electricity demand
• Oil displacement
• Well-to-wheel greenhouse gas emissions
• Lifecycle impacts of electric cars

Cite report

IEA (2024), Global EV Outlook 2024 , IEA, Paris https://www.iea.org/reports/global-ev-outlook-2024, Licence: CC BY 4.0

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Nearly one in five cars sold in 2023 was electric.

Electric car sales neared 14 million in 2023, 95% of which were in China, Europe and the United States

Almost 14 million new electric cars 1 were registered globally in 2023, bringing their total number on the roads to 40 million, closely tracking the sales forecast from the 2023 edition of the Global EV Outlook (GEVO-2023). Electric car sales in 2023 were 3.5 million higher than in 2022, a 35% year-on-year increase. This is more than six times higher than in 2018, just 5 years earlier. In 2023, there were over 250 000 new registrations per week, which is more than the annual total in 2013, ten years earlier. Electric cars accounted for around 18% of all cars sold in 2023, up from 14% in 2022 and only 2% 5 years earlier, in 2018. These trends indicate that growth remains robust as electric car markets mature. Battery electric cars accounted for 70% of the electric car stock in 2023.

Global electric car stock, 2013-2023

While sales of electric cars are increasing globally, they remain significantly concentrated in just a few major markets. In 2023, just under 60% of new electric car registrations were in the People’s Republic of China (hereafter ‘China’), just under 25% in Europe, 2 and 10% in the United States – corresponding to nearly 95% of global electric car sales combined. In these countries, electric cars account for a large share of local car markets: more than one in three new car registrations in China was electric in 2023, over one in five in Europe, and one in ten in the United States. However, sales remain limited elsewhere, even in countries with developed car markets such as Japan and India. As a result of sales concentration, the global electric car stock is also increasingly concentrated. Nevertheless, China, Europe and the United States also represent around two-thirds of total car sales and stocks, meaning that the EV transition in these markets has major repercussions in terms of global trends.

In China, the number of new electric car registrations reached 8.1 million in 2023, increasing by 35% relative to 2022. Increasing electric car sales were the main reason for growth in the overall car market, which contracted by 8% for conventional (internal combustion engine) cars but grew by 5% in total, indicating that electric car sales are continuing to perform as the market matures. The year 2023 was the first in which China’s New Energy Vehicle (NEV) 3 industry ran without support from national subsidies for EV purchases, which have facilitated expansion of the market for more than a decade. Tax exemption for EV purchases and non-financial support remain in place, after an extension , as the automotive industry is seen as one of the key drivers of economic growth. Some province-led support and investment also remains in place and plays an important role in China’s EV landscape. As the market matures, the industry is entering a phase marked by increased price competition and consolidation. In addition, China exported over 4 million cars in 2023, making it the largest auto exporter in the world, among which 1.2 million were EVs. This is markedly more than the previous year – car exports were almost 65% higher than in 2022, and electric car exports were 80% higher. The main export markets for these vehicles were Europe and countries in the Asia Pacific region, such as Thailand and Australia.

In the United States, new electric car registrations totalled 1.4 million in 2023, increasing by more than 40% compared to 2022. While relative annual growth in 2023 was slower than in the preceding two years, demand for electric cars and absolute growth remained strong. The revised qualifications for the Clean Vehicle Tax Credit, alongside electric car price cuts, meant that some popular EV models became eligible for credit in 2023. Sales of the Tesla Model Y, for example, increased 50% compared to 2022 after it became eligible for the full USD 7 500 tax credit. Overall, the new criteria established by the Inflation Reduction Act (IRA) appear to have supported sales in 2023, despite earlier concerns that tighter domestic content requirements for EV and battery manufacturing could create immediate bottlenecks or delays, such as for the Ford F-150 Lightning . As of 2024, new guidance for the tax credits means the number of eligible models has fallen to less than 30 from about 45, 4 including several trim levels of the Tesla Model 3 becoming ineligible. However, in 2023 and 2024, leasing business models enable electric cars to qualify for the tax credits even if they do not fully meet the requirements, as leased cars can qualify for a less strict commercial vehicle tax credit and these tax credit savings can be passed to lease-holders. Such strategies have also contributed to sustained electric car roll-out.

In Europe, new electric car registrations reached nearly 3.2 million in 2023, increasing by almost 20% relative to 2022. In the European Union, sales amounted to 2.4 million, with similar growth rates. As in China, the high rates of electric car sales seen in Europe suggest that growth remains robust as markets mature, and several European countries reached important milestones in 2023. Germany, for example, became the third country after China and the United States to record half a million new battery electric car registrations in a single year, with 18% of car sales being battery electric (and another 6% plug-in hybrid).

However, the phase-out of several purchase subsidies in Germany slowed overall EV sales growth. At the start of 2023, PHEV subsidies were phased out, resulting in lower PHEV sales compared to 2022, and in December 2023, all EV subsidies ended after a ruling on the Climate and Transformation Fund. In Germany, the sales share for electric cars fell from 30% in 2022 to 25% in 2023. This had an impact on the overall electric car sales share in the region. In the rest of Europe, however, electric car sales and their sales share increased. Around 25% of all cars sold in France and the United Kingdom were electric, 30% in the Netherlands, and 60% in Sweden. In Norway, sales shares increased slightly despite the overall market contracting, and its sales share remains the highest in Europe, at almost 95%.

Electric car registrations and sales share in China, United States and Europe, 2018-2023

Sales in emerging markets are increasing, albeit from a low base, led by southeast asia and brazil.

Electric car sales continued to increase in emerging market and developing economies (EMDEs) outside China in 2023, but they remained low overall. In many cases, personal cars are not the most common means of passenger transport, especially compared with shared vans and minibuses, or two- and three-wheelers (2/3Ws), which are more prevalent and more often electrified, given their relative accessibility and affordability. The electrification of 2/3Ws and public or shared mobility will be key to achieve emissions reductions in such cases (see later sections in this report). While switching from internal combustion engine (ICE) to electric cars is important, the effect on overall emissions differs depending on the mode of transport that is displaced. Replacing 2/3Ws, public and shared mobility or more active forms of transport with personal cars may not be desirable in all cases.

In India, electric car registrations were up 70% year-on-year to 80 000, compared to a growth rate of under 10% for total car sales. Around 2% of all cars sold were electric. Purchase incentives under the Faster Adoption and Manufacturing of Electric Vehicles (FAME II) scheme, supply-side incentives under the Production Linked Incentive (PLI) scheme, tax benefits and the Go Electric campaign have all contributed to fostering demand in recent years. A number of new models also became popular in 2023, such as Mahindra’s XUV400, MG’s Comet, Citroën’s e-C3, BYD’s Yuan Plus, and Hyundai’s Ioniq 5, driving up growth compared to 2022. However, if the forthcoming FAME III scheme includes a subsidy reduction, as has been speculated in line with lower subsidy levels in the 2024 budget, future growth could be affected. Local carmakers have thus far maintained a strong foothold in the market, supported by advantageous import tariffs , and account for 80% of electric car sales in cumulative terms since 2010, led by Tata (70%) and Mahindra (10%).

In Thailand, electric car registrations more than quadrupled year-on-year to nearly 90 000, reaching a notable 10% sales share – comparable to the share in the United States. This is all the more impressive given that overall car sales in the country decreased from 2022 to 2023. New subsidies, including for domestic battery manufacturing, and lower import and excise taxes, combined with the growing presence of Chinese carmakers , have contributed to rapidly increasing sales. Chinese companies account for over half the sales to date, and they could become even more prominent given that BYD plans to start operating EV production facilities in Thailand in 2024, with an annual production capacity of 150 000 vehicles for an investment of just under USD 500 million . Thailand aims to become a major EV manufacturing hub for domestic and export markets, and is aiming to attract USD 28 billion in foreign investment within 4 years, backed by specific incentives to foster investment.

In Viet Nam, after an exceptional 2022 for the overall car market, car sales contracted by 25% in 2023, but electric car sales still recorded unprecedented growth: from under 100 in 2021, to 7 000 in 2022, and over 30 000 in 2023, reaching a 15% sales share. Domestic front-runner VinFast, established in 2017, accounted for nearly all domestic sales. VinFast also started selling electric sports utility vehicles (SUVs) in North America in 2023, as well as developing manufacturing facilities in order to unlock domestic content-linked subsidies under the US IRA. VinFast is investing around USD 2 billion and targets an annual production of 150 000 vehicles in the United States by 2025. The company went public in 2023, far exceeding expectations with a debut market valuation of around USD 85 billion, well beyond General Motors (GM) (USD 46 billion), Ford (USD 48 billion) or BMW (USD 68 billion), before it settled back down around USD 20 billion by the end of the year. VinFast also looks to enter regional markets, such as India and the Philippines .

In Malaysia, electric car registrations more than tripled to 10 000, supported by tax breaks and import duty exemptions, as well as an acceleration in charging infrastructure roll-out. In 2023, Mercedes-Benz marketed the first domestically assembled EV, and both BYD and Tesla also entered the market.

In Latin America, electric car sales reached almost 90 000 in 2023, with markets in Brazil, Colombia, Costa Rica and Mexico leading the region. In Brazil, electric car registrations nearly tripled year-on-year to more than 50 000, a market share of 3%. Growth in Brazil was underpinned by the entry of Chinese carmakers, such as BYD with its Song and Dolphin models, Great Wall with its H6, and Chery with its Tiggo 8, which immediately ranked among the best-selling models in 2023. Road transport electrification in Brazil could bring significant climate benefits given the largely low-emissions power mix, as well as reducing local air pollution. However, EV adoption has been slow thus far, given the national prioritisation of ethanol-based fuels since the late 1970s as a strategy to maintain energy security in the face of oil shocks. Today, biofuels are important alternative fuels available at competitive cost and aligned with the existing refuelling infrastructure. Brazil remains the world’s largest producer of sugar cane, and its agribusiness represents about one-fourth of GDP. At the end of 2023, Brazil launched the Green Mobility and Innovation Programme , which provides tax incentives for companies to develop and manufacture low-emissions road transport technology, aggregating to more than BRA 19 billion (Brazilian reals) (USD 3.8 billion) over the 2024-2028 period. Several major carmakers already in Brazil are developing hybrid ethanol-electric models as a result. China’s BYD and Great Wall are also planning to start domestic manufacturing, counting on local battery metal deposits, and plan to sell both fully electric and hybrid ethanol-electric models. BYD is investing over USD 600 million in its electric car plant in Brazil – its first outside Asia – for an annual capacity of 150 000 vehicles. BYD also partnered with Raízen to develop charging infrastructure in eight Brazilian cities starting in 2024. GM, on the other hand, plans to stop producing ICE (including ethanol) models and go fully electric, notably to produce for export markets. In 2024, Hyundai announced investments of USD 1.1 billion to 2032 to start local manufacturing of electric, hybrid and hydrogen cars.

In Mexico, electric car registrations were up 80% year-on-year to 15 000, a market share just above 1%. Given its proximity to the United States, Mexico’s automotive market is already well integrated with North American partners, and benefits from advantageous trade agreements, large existing manufacturing capacity, and eligibility for subsidies under the IRA. As a result, local EV supply chains are developing quickly, with expectations that this will spill over into domestic markets. Tesla, Ford, Stellantis, BMW, GM, Volkswagen (VW) and Audi have all either started manufacturing or announced plans to manufacture EVs in Mexico. Chinese carmakers such as BYD, Chery and SAIC are also considering expanding to Mexico. Elsewhere in the region, Colombia and Costa Rica are seeing increasing electric car sales, with around 6 000 and 5 000 in 2023, respectively, but sales remain limited in other Central and South American countries.

Throughout Africa, Eurasia and the Middle East, electric cars are still rare, accounting for less than 1% of total car sales. However, as Chinese carmakers look for opportunities abroad, new models – including those produced domestically – could boost EV sales. For example, in Uzbekistan , BYD set up a joint venture with UzAuto Motors in 2023 to produce 50 000 electric cars annually, and Chery International established a partnership with ADM Jizzakh. This partnership has already led to a steep increase in electric car sales in Uzbekistan, reaching around 10 000 in 2023. In the Middle East, Jordan boasts the highest electric car sales share, at more than 45%, supported by much lower import duties relative to ICE cars, followed by the United Arab Emirates, with 13%.

Strong electric car sales in the first quarter of 2024 surpass the annual total from just four years ago

Electric car sales remained strong in the first quarter of 2024, surpassing those of the same period in 2023 by around 25% to reach more than 3 million. This growth rate was similar to the increase observed for the same period in 2023 compared to 2022. The majority of the additional sales came from China, which sold about half a million more electric cars than over the same period in 2023. In relative terms, the most substantial growth was observed outside of the major EV markets, where sales increased by over 50%, suggesting that the transition to electromobility is picking up in an increasing number of countries worldwide.

Quarterly electric car sales by region, 2021-2024

From January to March of this year, nearly 1.9 million electric cars were sold in China, marking an almost 35% increase compared to sales in the first quarter of 2023. In March, NEV sales in China surpassed a share of 40% in overall car sales for the first time, according to retail sales reported by the China Passenger Car Association. As witnessed in 2023, sales of plug-in hybrid electric cars are growing faster than sales of pure battery electric cars. Plug-in hybrid electric car sales in the first quarter increased by around 75% year-on-year in China, compared to just 15% for battery electric car sales, though the former started from a lower base.

In Europe, the first quarter of 2024 saw year-on-year growth of over 5%, slightly above the growth in overall car sales and thereby stabilising the EV sales share at a similar level as last year. Electric car sales growth was particularly high in Belgium, where around 60 000 electric cars were sold, almost 35% more than the year before. However, Belgium represents less than 5% of total European car sales. In the major European markets – France, Germany, Italy and the United Kingdom (together representing about 60% of European car sales) – growth in electric car sales was lower. In France, overall EV sales in the first quarter grew by about 15%, with BEV sales growth being higher than for PHEVs. While this is less than half the rate as over the same period last year, total sales were nonetheless higher and led to a slight increase in the share of EVs in total car sales. The United Kingdom saw similar year-on-year growth (over 15%) in EV sales as France, about the same rate as over the same period last year. In Germany, where battery electric car subsidies ended in 2023, sales of electric cars fell by almost 5% in the first quarter of 2024, mainly as a result of a 20% year-on-year decrease in March. The share of EVs in total car sales was therefore slightly lower than last year. As in China, PHEV sales in both Germany and the United Kingdom were stronger than BEV sales. In Italy, sales of electric cars in the first three months of 2024 were more than 20% lower than over the same period in 2023, with the majority of the decrease taking place in the PHEV segment. However, this trend could be reversed based on the introduction of a new incentive scheme , and if Chinese automaker Chery succeeds in appealing to Italian consumers when it enters the market later this year.

In the United States, first-quarter sales reached around 350 000, almost 15% higher than over the same period the year before. As in other major markets, the sales growth of PHEVs was even higher, at 50%. While the BEV sales share in the United States appears to have fallen somewhat over the past few months, the sales share of PHEVs has grown.

In smaller EV markets, sales growth in the first months of 2024 was much higher, albeit from a low base. In January and February, electric car sales almost quadrupled in Brazil and increased more than sevenfold in Viet Nam. In India, sales increased more than 50% in the first quarter of 2024. These figures suggest that EVs are gaining momentum across diverse markets worldwide.

Since 2021, first-quarter electric car sales have typically accounted for 15-20% of the total global annual sales. Based on this observed trend, coupled with policy momentum and the seasonality that EV sales typically experience, we estimate that electric car sales could reach around 17 million in 2024. This indicates robust growth for a maturing market, with 2024 sales to surpass those of 2023 by more than 20% and EVs to reach a share in total car sales of more than one-fifth.

Electric car sales, 2012-2024

The majority of the additional 3 million electric car sales projected for 2024 relative to 2023 are from China. Despite the phase-out of NEV purchase subsidies last year, sales in China have remained robust, indicating that the market is maturing. With strong competition and relatively low-cost electric cars, sales are to grow by almost 25% in 2024 compared to last year, reaching around 10 million. If confirmed, this figure will come close to the total global electric car sales in 2022. As a result, electric car sales could represent around 45% of total car sales in China over 2024.

In 2024, electric car sales in the United States are projected to rise by 20% compared to the previous year, translating to almost half a million more sales, relative to 2023. Despite reporting of a rocky end to 2023 for electric cars in the United States, sales shares are projected to remain robust in 2024. Over the entire year, around one in nine cars sold are expected to be electric.

Based on recent trends, and considering that tightening CO 2 targets are due to come in only in 2025, the growth in electric car sales in Europe is expected to be the lowest of the three largest markets. Sales are projected to reach around 3.5 million units in 2024, reflecting modest growth of less than 10% compared to the previous year. In the context of a generally weak outlook for passenger car sales, electric cars would still represent about one in four cars sold in Europe.

Outside of the major EV markets, electric car sales are anticipated to reach the milestone of over 1 million units in 2024, marking a significant increase of over 40% compared to 2023. Recent trends showing the success of both homegrown and Chinese electric carmakers in Southeast Asia underscore that the region is set to make a strong contribution to the sales of emerging EV markets (see the section on Trends in the electric vehicle industry). Despite some uncertainty surrounding whether India’s forthcoming FAME III scheme will include subsidies for electric cars, we expect sales in India to remain robust, and to experience around 50% growth compared to 2023. Across all regions outside the three major EV markets, electric car sales are expected to represent around 5% of total car sales in 2024, which – considering the high growth rates seen in recent years – could indicate that a tipping point towards global mass adoption is getting closer.

There are of course downside risks to the 2024 outlook for electric car sales. Factors such as high interest rates and economic uncertainty could potentially reduce the growth of global electric car sales in 2024. Other challenges may come from the IRA restrictions on US electric car tax incentives, and the tightening of technical requirements for EVs to qualify for the purchase tax exemption in China. However, there are also upside potentials to consider. New markets may open up more rapidly than anticipated, as automakers expand their EV operations and new entrants compete for market share. This could lead to accelerated growth in electric car sales globally, surpassing the initial estimations.

More electric models are becoming available, but the trend is towards larger ones

The number of available electric car models nears 600, two-thirds of which are large vehicles and SUVs

In 2023, the number of available models for electric cars increased 15% year-on-year to nearly 590, as carmakers scaled up electrification plans, seeking to appeal to a growing consumer base. Meanwhile, the number of fully ICE models (i.e. excluding hybrids) declined for the fourth consecutive year, at an average of 2%. Based on recent original equipment manufacturer (OEM) announcements, the number of new electric car models could reach 1 000 by 2028. If all announced new electric models actually reach the market, and if the number of available ICE car models continues to decline by 2% annually, there could be as many electric as ICE car models before 2030.

As reported in GEVO-2023, the share of small and medium electric car models is decreasing among available electric models: in 2023, two-thirds of the battery-electric models on the market were SUVs, 5 pick-up trucks or large cars. Just 25% of battery electric car sales in the United States were for small and medium models, compared to 40% in Europe and 50% in China. Electric cars are following the same trend as conventional cars, and getting bigger on average. In 2023, SUVs, pick-up trucks and large models accounted for 65% of total ICE car sales worldwide, and more than 80% in the United States, 60% in China and 50% in Europe.

Several factors underpin the increase in the share of large models. Since the 2010s, conventional SUVs in the United States have benefited from less stringent tailpipe emissions rules than smaller models, creating an incentive for carmakers to market more vehicles in that segment. Similarly, in the European Union, CO 2 targets for passenger cars have included a compromise on weight, allowing CO 2 leeway for heavier vehicles in some cases. Larger vehicles also mean larger margins for carmakers. Given that incumbent carmakers are not yet making a profit on their EV offer in many cases, focusing on larger models enables them to increase their margins. Under the US IRA, electric SUVs can qualify for tax credits as long as they are priced under USD 80 000, whereas the limit stands at USD 55 000 for a sedan, creating an incentive to market SUVs if a greater margin can be gathered. On the demand side, there is now strong willingness to pay for SUVs or large models. Consumers are typically interested in longer-range and larger cars for their primary vehicles, even though small models are more suited to urban use. Higher marketing spend on SUVs compared to smaller models can also have an impact on consumer choices.

The progressive shift towards ICE SUVs has been dramatically limiting fuel savings. Over the 2010-2022 period, without the shift to SUVs, energy use per kilometre could have fallen at an average annual rate 30% higher than the actual rate. Switching to electric in the SUV and larger car segments can therefore achieve immediate and significant CO 2 emissions reductions, and electrification also brings considerable benefits in terms of reducing air pollution and non-tailpipe emissions, especially in urban settings. In 2023, if all ICE and HEV sales of SUVs had instead been BEV, around 770 Mt CO 2 could have been avoided globally over the cars’ lifetimes (see section 10 on lifecycle analysis). This is equivalent to the total road emissions of China in 2023.

Breakdown of battery electric car sales in selected countries and regions by segment, 2018-2023

Nevertheless, from a policy perspective, it is critical to mitigate the negative spillovers associated with an increase in larger electric cars in the fleet.

Larger electric car models have a significant impact on battery supply chains and critical mineral demand. In 2023, the sales-weighted average battery electric SUV in Europe had a battery almost twice as large as the one in the average small electric car, with a proportionate impact on critical mineral needs. Of course, the range of small cars is typically shorter than SUVs and large cars (see later section on ranges). However, when comparing electric SUVs and medium-sized electric cars, which in 2023 offered a similar range, the SUV battery was still 25% larger. This means that if all electric SUVs sold in 2023 had instead been medium-sized cars, around 60 GWh of battery equivalent could have been avoided globally, with limited impact on range. Accounting for the different chemistries used in China, Europe, and the United States, this would be equivalent to almost 6 000 tonnes of lithium, 30 000 tonnes of nickel, almost 7 000 tonnes of cobalt, and over 8 000 tonnes of manganese.

Larger batteries also require more power, or longer charging times. This can put pressure on electricity grids and charging infrastructure by increasing occupancy, which could create issues during peak utilisation, such as at highway charging points at high traffic times.

In addition, larger vehicles also require greater quantities of materials such as iron and steel, aluminium and plastics, with a higher environmental and carbon footprint for materials production, processing and assembly. Because they are heavier, larger models also have higher electricity consumption. The additional energy consumption resulting from the increased mass is mitigated by regenerative braking to some extent, but in 2022, the sales-weighted average electricity consumption of electric SUVs was 20% higher than that of other electric cars. 6

Major carmakers have announced launches of smaller and more affordable electric car models over the past few years. However, when all launch announcements are considered, far fewer smaller models are expected than SUVs, large models and pick-up trucks. Only 25% of the 400+ launches expected over the 2024-2028 period are small and medium models, which represents a smaller share of available models than in 2023. Even in China, where small and medium models have been popular, new launches are typically for larger cars.

Number of available car models in 2023 and expected new ones by powertrain, country or region and segment, 2024-2028

Several governments have responded by introducing policies to create incentives for smaller and lighter passenger cars. In Norway, for example, all cars are subject to a purchase tax based on weight, CO 2 and nitrogen oxides (NO x ) emissions, though electric cars were exempt from the weight-based tax prior to 2023. Any imported cars weighing more than 500 kg must also pay an entry fee for each additional kg. In France, a progressive weight-based tax applies to ICE and PHEV cars weighing above 1 600 kg, with a significant impact on price: weight tax for a Land Rover Defender 130 (2 550 kg) adds up to more than EUR 21 500, versus zero for a Renault Clio (1 100 kg). Battery electric cars have been exempted to date. In February 2024, a referendum held in Paris resulted in a tripling of city parking fees for visiting SUVs, applicable to ICE, hybrid and plug-in hybrid cars above 1 600 kg and battery electric ones above 2 000 kg, in an effort to limit the use of large and/or polluting vehicles. Other examples exist in Estonia, Finland, Switzerland and the Netherlands. A number of policy options may be used, such as caps and fleet averages for vehicle footprint, weight, and/or battery size; access to finance for smaller vehicles; and sustained support for public charging, enabling wider use of shorter-range cars.

Average range is increasing, but only moderately

Concerns about range compared to ICE vehicles, and about the availability of charging infrastructure for long-distance journeys, also contribute to increasing appetite for larger models with longer range.

With increasing battery size and improvements in battery technology and vehicle design, the sales-weighted average range of battery electric cars grew by nearly 75% between 2015 and 2023, although trends vary by segment. The average range of small cars in 2023 – around 150 km – is not much higher than it was in 2015, indicating that this range is already well suited for urban use (with the exception of taxis, which have much higher daily usage). Large, higher-end models already offered higher ranges than average in 2015, and their range has stagnated through 2023, averaging around 360-380 km. Meanwhile, significant improvements have been made for medium-sized cars and SUVs, the range of which now stands around 380 km, whereas it averaged around 150 km for medium cars and 270 km for SUVs in 2015. This is encouraging for consumers looking to purchase an electric car for longer journeys rather than urban use.

Since 2020, growth in the average range of vehicles has been slower than over the 2015-2020 period. This could result from a number of factors, including fluctuating battery prices, carmakers’ attempts to limit additional costs as competition intensifies, and technical constraints (e.g. energy density, battery size). It could also reflect that beyond a certain range at which most driving needs are met, consumers’ willingness to pay for a marginal increase in battery size and range is limited. Looking forward, however, the average range could start increasing again as novel battery technologies mature and prices fall.

More affordable electric cars are needed to reach a mass-market tipping point

An equitable and inclusive transition to electric mobility, both within countries and at the global level, hinges on the successful launch of affordable EVs (including but not limited to electric cars). In this section, we use historic sales and price data for electric and ICE models around the world to examine the total cost of owning an electric car, price trends over time, and the remaining electric premium, by country and vehicle size. 7 Specific models are used for illustration.

Total cost of ownership

Car purchase decisions typically involve consideration of retail price and available subsidies as well as lifetime operating costs, such as fuel costs, insurance, maintenance and depreciation, which together make up the total cost of ownership (TCO). Reaching TCO parity between electric and ICE cars creates important financial incentives to make the switch. This section examines the different components of the TCO, by region and car size.

In 2023, upfront retail prices for electric cars were generally higher than for their ICE equivalents, which increased their TCO in relative terms. On the upside, higher fuel efficiency and lower maintenance costs enable fuel cost savings for electric cars, lowering their TCO. This is especially true in periods when fuel prices are high, in places where electricity prices are not too closely correlated to fossil fuel prices. Depreciation is also a major factor in determining TCO: As a car ages, it loses value, and depreciation for electric cars tends to be faster than for ICE equivalents, further increasing their TCO. Accelerated depreciation could, however, prove beneficial for the development of second-hand markets.

However, the trend towards faster depreciation for electric vehicles might be reversed for multiple reasons. Firstly, consumers are gaining more confidence in electric battery lifetimes, thereby increasing the resale value of EVs. Secondly, strong demand and the positive brand image of some BEV models can mean they hold their value longer, as shown by Tesla models depreciating more slowly than the average petrol car in the United States. Finally, increasing fuel prices in some regions, the roll-out of low-emissions zones that restrict access for the most polluting vehicles, and taxes and parking fees specifically targeted at ICE vehicles could mean they experience faster depreciation rates than EVs in the future. In light of these two possible opposing depreciation trends, the same fixed annual depreciation rate for both BEVs and ICE vehicles has been applied in the following cost of ownership analysis.

Subsidies help lower the TCO of electric cars relative to ICE equivalents in multiple ways. A purchase subsidy lowers the original retail price, thereby lowering capital depreciation over time, and a lower retail price implies lower financing costs through cumulative interest. Subsidies can significantly reduce the number of years required to reach TCO parity between electric and ICE equivalents. As of 2022, we estimate that TCO parity could be reached in most cases in under 7 years in the three major EV markets, with significant variations across different car sizes. In comparison, for models purchased at 2018 prices, TCO parity was much harder to achieve.

In Germany, for example, we estimate that the sales-weighted average price of a medium-sized battery electric car in 2022 was 10-20% more expensive than its ICE equivalent, but 10-20% cheaper in cumulative costs of ownership after 5 years, thanks to fuel and maintenance costs savings. In the case of an electric SUV, we estimate that the average annual operating cost savings would amount to USD 1 800 when compared to the equivalent conventional SUV over a period of 10 years. In the United States, despite lower fuel prices with respect to electricity, the higher average annual mileage results in savings that are close to Germany at USD 1 600 per year. In China, lower annual distance driven reduces fuel cost savings potential, but the very low price of electricity enables savings of about USD 1 000 per year.

In EMDEs, some electric cars can also be cheaper than ICE equivalents over their lifetime. This is true in India , for example, although it depends on the financing instrument. Access to finance is typically much more challenging in EMDEs due to higher interest rates and the more limited availability of cheap capital. Passenger cars have also a significantly lower market penetration in the first place, and many car purchases are made in second-hand markets. Later sections of this report look at markets for used electric cars, as well as the TCO for electric and conventional 2/3Ws in EMDEs, where they are far more widespread than cars as a means of road transport.

Upfront retail price parity

Achieving price parity between electric and ICE cars will be an important tipping point. Even when the TCO for electric cars is advantageous, the upfront retail price plays a decisive role, and mass-market consumers are typically more sensitive to price premiums than wealthier buyers. This holds true not only in emerging and developing economies, which have comparatively high costs of capital and comparatively low household and business incomes, but also in advanced economies. In the United States, for example, surveys suggest affordability was the top concern for consumers considering EV adoption in 2023. Other estimates show that even among SUV and pick-up truck consumers, only 50% would be willing to purchase one above USD 50 000.

In this section, we examine historic price trends for electric and ICE cars over the 2018-2022 period, by country and car size, and for best-selling models in 2023.

Electric cars are generally getting cheaper as battery prices drop, competition intensifies, and carmakers achieve economies of scale. In most cases, however, they remain on average more expensive than ICE equivalents. In some cases, after adjusting for inflation, their price stagnated or even moderately increased between 2018 and 2022.

Larger batteries for longer ranges increase car prices, and so too do the additional options, equipment, digital technology and luxury features that are often marketed on top of the base model. A disproportionate focus on larger, premium models is pushing up the average price, which – added to the lack of available models in second-hand markets (see below) – limits potential to reach mass-market consumers. Importantly, geopolitical tension, trade and supply chain disruptions, increasing battery prices in 2022 relative to 2021, and rising inflation, have also significantly affected the potential for further cost declines.

Competition can also play an important role in bringing down electric car prices. Intensifying competition leads carmakers to cut prices to the minimum profit margin they can sustain, and – if needed – to do so more quickly than battery and production costs decline. For example, between mid-2022 and early-2024, Tesla cut the price of its Model Y from between USD 65 000 and USD 70 000 to between USD 45 000 and USD 55 000 in the United States. Battery prices for such a model dropped by only USD 3 000 over the same period in the United States, suggesting that a profit margin may still be made at a lower price. Similarly, in China, the price of the Base Model Y dropped from CNY 320 000 (Yuan renminbi) (USD 47 000) to CNY 250 000 (USD 38 000), while the corresponding battery price fell by only USD 1 000. Conversely, in cases where electric models remain niche or aimed at wealthier, less price-sensitive early adopters, their price may not fall as quickly as battery prices, if carmakers can sustain greater margins.

Price gap between the sales-weighted average price of conventional and electric cars in selected countries, before subsidy, by size, in 2018 and 2022

In China, where the sales share of electric cars has been high for several years, the sales-weighted average price of electric cars (before purchase subsidy) is already lower than that of ICE cars. This is true not only when looking at total sales, but also at the small cars segment, and is close for SUVs. After accounting for the EV exemption from the 10% vehicle purchase tax, electric SUVs were already on par with conventional ones in 2022, on average.

Electric car prices have dropped significantly since 2018. We estimate that around 55% of the electric cars sold in China in 2022 were cheaper than their average ICE equivalent, up from under 10% in 2018. Given the further price declines between 2022 and 2023, we estimate that this share increased to around 65% in 2023. These encouraging trends suggest that price parity between electric and ICE cars could also be reached in other countries in certain segments by 2030, if the sales share of electric cars continues to grow, and if supporting infrastructure – such as for charging – is sustained.

As reported in detail in GEVO-2023 , China remains a global exception in terms of available inexpensive electric models. Local carmakers already market nearly 50 small, affordable electric car models, many of which are priced under CNY 100 000 (USD 15 000). This is in the same range as best-selling small ICE cars in 2023, which cost from CNY 70 000 to CNY 100 000. In 2022, the best-selling electric car was SAIC’s small Wuling Hongguang Mini EV, which accounted for 10% of all BEV sales. It was priced around CNY 40 000, weighing under 700 kg for a 170-km range. In 2023, however, it was overtaken by Tesla models, among other larger models, as new consumers seek longer ranges and higher-end options and digital equipment.

United States

In the United States, the sales-weighted average price of electric cars decreased over the 2018-2022 period, primarily driven by a considerable drop in the price of Tesla cars, which account for a significant share of sales. The sales-weighted average retail price of electric SUVs fell slightly more quickly than the average SUV battery costs over the same period. The average price of small and medium models also decreased, albeit to a smaller extent.

Across all segments, electric models remained more expensive than conventional equivalents in 2022. However, the gap has since begun to close, as market size increases and competition leads carmakers to cut prices. For example, in 2023-2024, Tesla’s Model 3 could be found in the USD 39 000 to USD 42 000 range, which is comparable to the average price for new ICE cars, and a new Model Y priced under USD 50 000 was launched. Rivian is expecting to launch its R2 SUV in 2026 at USD 45 000, which is much less than previous vehicles. Average price parity between electric and conventional SUVs could be reached by 2030, but it may only be reached later for small and medium cars, given their lower availability and popularity.

Smaller, cheaper electric models have further to go to reach price parity in the United States. We estimate that in 2022, only about 5% of the electric cars sold in the United States were cheaper than their average ICE equivalent. In 2023, the cheapest electric cars were priced around USD 30 000 (e.g. Chevrolet Bolt, Nissan Leaf, Mini Cooper SE). To compare, best-selling small ICE options cost under USD 20 000 (e.g. Kia Rio, Mitsubishi Mirage), and many best-selling medium ICE options between USD 20 000 and USD 25 000 (e.g. Honda Civic, Toyota Corolla, Kia Forte, Hyundai Avante, Nissan Sentra).

Around 25 new all-electric car models are expected in 2024, but only 5 of them are expected below USD 50 000, and none under the USD 30 000 mark. Considering all the electric models expected to be available in 2024, about 75% are priced above USD 50 000, and fewer than 10 under USD 40 000, even after taking into account the USD 7 500 tax credit under the IRA for eligible cars as of February 2024. This means that despite the tax credit, few electric car models directly compete with small mass-market ICE models.

In December 2023, GM stopped production of its best-selling electric car, the Bolt, announcing it would introduce a new version in 2025. The Nissan Leaf (40 kWh) therefore remains the cheapest available electric car in 2024, at just under USD 30 000, but is not yet eligible for IRA tax credits. Ford announced in 2024 that it would move away from large and expensive electric cars as a way to convince more consumers to switch to electric, at the same time as increasing output of ICE models to help finance a transition to electric mobility. In 2024, Tesla announced it would start producing a next-generation, compact and affordable electric car in June 2025, but the company had already announced in 2020 that it would deliver a USD 25 000 model within 3 years. Some micro urban electric cars are already available between USD 5 000 and USD 20 000 (e.g. Arcimoto FUV, Nimbus One), but they are rare. In theory, such models could cover many use cases, since 80% of car journeys in the United States are under 10 miles .

Pricing trends differ across European countries, and typically vary by segment.

In Norway, after taking into account the EV sales tax exemption, electric cars are already cheaper than ICE equivalents across all segments. In 2022, we estimate that the electric premium stood around -15%, and even -30% for medium-sized cars. Five years earlier, in 2018, the overall electric premium was less advantageous, at around -5%. The progressive reintroduction of sales taxes on electric cars may change these estimates for 2023 onwards.

Germany’s electric premium ranks among the lowest in the European Union. Although the sales-weighted average electric premium increased slightly between 2018 and 2022, it stood at 15% in 2022. It is particularly low for medium-sized cars (10-15%) and SUVs (20%), but remains higher than 50% for small models. In the case of medium cars, the sales-weighted average electric premium was as low as EUR 5 000 in 2022. We estimate that in 2022, over 40% of the medium electric cars sold in Germany were cheaper than their average ICE equivalent. Looking at total sales, over 25% of the electric cars sold in 2022 were cheaper than their average ICE equivalent. In 2023, the cheapest models among the best-selling medium electric cars were priced between EUR 22 000 and EUR 35 000 (e.g. MG MG4, Dacia Spring, Renault Megane), far cheaper than the three front-runners priced above EUR 45 000 (VW ID.3, Cupra Born, and Tesla Model 3). To compare, best-selling ICE cars in the medium segment were also priced between EUR 30 000 and EUR 45 000 (e.g. VW Golf, VW Passat Santana, Skoda Octavia Laura, Audi A3, Audi A4). At the end of 2023, Germany phased out its subsidy for electric car purchases, but competition and falling model prices could compensate for this.

In France, the sales-weighted average electric premium stagnated between 2018 and 2022. The average price of ICE cars also increased over the same period, though more moderately than that of electric models. Despite a drop in the price of electric SUVs, which stood at a 30% premium over ICE equivalents in 2022, the former do not account for a high enough share of total electric car sales to drive down the overall average. The electric premium for small and medium cars remains around 40-50%.

These trends mirror those of some of the best-selling models. For example, when adjusting prices for inflation, the small Renault Zoe was sold at the same price on average in 2022-2023 as in 2018-2019, or EUR 30 000 (USD 32 000). It could be found for sale at as low as EUR 25 000 in 2015-2016. The earlier models, in 2015, had a battery size of around 20 kWh, which increased to around 40 kWh in 2018‑2019 and 50 kWh in newer models in 2022-2023. Yet European battery prices fell more quickly than the battery size increased over the same period, indicating that battery size alone does not explain car price dynamics.

In 2023, the cheapest electric cars in France were priced between EUR 22 000 and EUR 30 000 (e.g. Dacia Spring, Renault Twingo E-Tech, Smart EQ Fortwo), while best-selling small ICE models were available between EUR 10 000 and EUR 20 000 (e.g. Renault Clio, Peugeot 208, Citroën C3, Dacia Sandero, Opel Corsa, Skoda Fabia). Since mid-2024, subsidies of up to EUR 4 000 can be granted for electric cars priced under EUR 47 000, with an additional subsidy of up to EUR 3 000 for lower-income households.

In the United Kingdom, the sales-weighted average electric premium shrank between 2018 and 2022, thanks to a drop in prices for electric SUVs, as in the United States. Nonetheless, electric SUVs still stood at a 45% premium over ICE equivalents in 2022, which is similar to the premium for small models but far higher than for medium cars (20%).

In 2023, the cheapest electric cars in the United Kingdom were priced from GBP 27 000 to GBP 30 000 (USD 33 000 to 37 000) (e.g. MG MG4, Fiat 500, Nissan Leaf, Renault Zoe), with the exception of the Smart EQ Fortwo, priced at GBP 21 000. To compare, best-selling small ICE options could be found from GBP 10 000 to 17 000 (e.g. Peugeot 208, Fiat 500, Dacia Sandero) and medium options below GBP 25 000 (e.g. Ford Puma). Since July 2022, there has been no subsidy for the purchase of electric passenger cars.

Elsewhere in Europe, electric cars remain typically much more expensive than ICE equivalents. In Poland , for example, just a few electric car models could be found at prices competitive with ICE cars in 2023, under the PLN 150 000 (Polish zloty) (EUR 35 000) mark. Over 70% of electric car sales in 2023 were for SUVs, or large or more luxurious models, compared to less than 60% for ICE cars.

In 2023, there were several announcements by European OEMs for smaller models priced under EUR 25 000 in the near-term (e.g. Renault R5, Citroën e-C3, Fiat e-Panda, VW ID.2all). There is also some appetite for urban microcars (i.e. L6-L7 category), learning from the success of China’s Wuling. Miniature models bring important benefits if they displace conventional models, helping reduce battery and critical mineral demand. Their prices are often below USD 5 000 (e.g. Microlino, Fiat Topolino, Citroën Ami, Silence S04, Birò B2211).

In Europe and the United States, electric car prices are expected to come down as a result of falling battery prices, more efficient manufacturing, and competition. Independent analyses suggest that price parity between some electric and ICE car models in certain segments could be reached over the 2025-2028 period, for example for small electric cars in Europe in 2025 or soon after. However, many market variables could delay price parity, such as volatile commodity prices, supply chain bottlenecks, and the ability of carmakers to yield sufficient margins from cheaper electric models. The typical rule in which economies of scale bring down costs is being complicated by numerous other market forces. These include a dynamic regulatory context, geopolitical competition, domestic content incentives, and a continually evolving technology landscape, with competing battery chemistries that each have their own economies of scale and regional specificities.

Japan is a rare example of an advanced economy where small models – both for electric and ICE vehicles – appeal to a large consumer base, motivated by densely populated cities with limited parking space, and policy support. In 2023, about 60% of total ICE sales were for small models, and over half of total electric sales. Two electric cars from the smallest “Kei” category, the Nissan Sakura and Mitsubishi eK-X, accounted for nearly 50% of national electric car sales alone, and both are priced between JPY 2.3 million (Japanese yen) and JPY 3 million (USD 18 000 to USD 23 000). However, this is still more expensive than best-selling small ICE cars (e.g. Honda N Box, Daihatsu Hijet, Daihatsu Tanto, Suzuki Spacia, Daihatsu Move), priced between USD 13 000 and USD 18 000. In 2024, Nissan announced that it would aim to reach cost parity (of production, not retail price) between electric and ICE cars by 2030.

Emerging market and developing economies

In EMDEs, the absence of small and cheaper electric car models is a significant hindrance to wider market uptake. Many of the available car models are SUVs or large models, targeting consumers of high-end goods, and far too expensive for mass-market consumers, who often do not own a personal car in the first place (see later sections on second-hand car markets and 2/3Ws).

In India, while Tata’s small Tiago/Tigor models, which are priced between USD 10 000 and USD 15 000, accounted for about 20% of total electric car sales in 2023, the average best-selling small ICE car is priced around USD 7 000. Large models and SUVs accounted for over 65% of total electric car sales. While BYD announced in 2023 the goal of accounting for 40% of India’s EV market by 2030, all of its models available in India cost more than INR 3 million (Indian rupees) (USD 37 000), including the Seal, launched in 2024 for INR 4.1 million (USD 50 000).

Similarly, SUVs and large models accounted for the majority share of electric car sales in Thailand (60%), Indonesia (55%), Malaysia (over 85%) and Viet Nam (over 95%). In Indonesia, for example, Hyundai’s Ionic 5 was the most popular electric car in 2023, priced at around USD 50 000. Looking at launch announcements, most new models expected over the 2024-2028 period in EMDEs are SUVs or large models. However, more than 50 small and medium models could also be introduced, and the recent or forthcoming entry of Chinese carmakers suggests that cheaper models could hit the market in the coming years.

In 2022-2023, Chinese carmakers accounted for 40-75% of the electric car sales in Indonesia, Thailand and Brazil, with sales jumping as cheaper Chinese models were introduced. In Thailand, for example, Hozon launched its Neta V model in 2022 priced at THB 550 000 (Thai baht) (USD 15 600), which became a best-seller in 2023 given its relative affordability compared with the cheapest ICE equivalents at around USD 9 000. Similarly, in Indonesia, the market entry of Wuling’s Air EV in 2022-2023 was met with great success. In Colombia, the best-selling electric car in 2023 was the Chinese mini-car, Zhidou 2DS, which could be found at around USD 15 000, a competitive option relative to the country’s cheapest ICE car, the Kia Picanto, at USD 13 000.

Electric car sales in selected countries, by origin of carmaker, 2021-2023

Second-hand markets for electric cars are on the rise.

As electric vehicle markets mature, the second-hand market will become more important

In the same way as for other technology products, second-hand markets for used electric cars are now emerging as newer generations of vehicles progressively become available and earlier adopters switch or upgrade. Second-hand markets are critical to foster mass-market adoption, especially if new electric cars remain expensive, and used ones become cheaper. Just as for ICE vehicles – for which buying second-hand is often the primary method of acquiring a car in both emerging and advanced economies – a similar pattern will emerge with electric vehicles. It is estimated that eight out of ten EU citizens buy their car second-hand, and this share is even higher – around 90% – among low- and middle-income groups. Similarly, in the United States, about seven out of ten vehicles sold are second-hand, and only 17% of lower-income households buy a new car.

As major electric car markets reach maturity, more and more used electric cars are becoming available for resale. Our estimates suggest that in 2023, the market size for used electric cars amounted to nearly 800 000 in China , 400 000 in the United States and more than 450 000 for France, Germany, Italy, Spain, the Netherlands and the United Kingdom combined. Second-hand sales have not been included in the numbers presented in the previous section of this report, which focused on sales of new electric cars, but they are already significant. On aggregate, global second-hand electric car sales were roughly equal to new electric car sales in the United States in 2023. In the United States, used electric car sales are set to increase by 40% in 2024 relative to 2023. Of course, these volumes are dwarfed by second-hand ICE markets: 30 million in the European countries listed above combined, nearly 20 million in China, and 36 million in the United States . However, these markets have had decades to mature, indicating greater longer-term potential for used electric car markets.

Used car markets already provide more affordable electric options in China, Europe and the United States

Second-hand car markets are increasingly becoming a source of more affordable electric cars that can compete with used ICE equivalents. In the United States, for example, more than half of second-hand electric cars are already priced below USD 30 000. Moreover, the average price is expected to quickly fall towards USD 25 000, the price at which used electric cars become eligible for the federal used car rebate of USD 4 000, making them directly competitive with best-selling new and used ICE options. The price of a second-hand Tesla in the United States dropped from over USD 50 000 in early 2023 to just above USD 33 000 in early 2024, making it competitive with a second-hand SUV and many new models as well (either electric or conventional). In Europe , second-hand battery electric cars can be found between EUR 15 000 and EUR 25 000 (USD 16 000‑27 000), and second-hand plug-in hybrids around EUR 30 000 (USD 32 000). Some European countries also offer subsidies for second-hand electric cars, such as the Netherlands (EUR 2 000), where the subsidy for new cars has been steadily declining since 2020, while that for used cars remains constant, and France (EUR 1 000). In China , used electric cars were priced around CNY 75 000 on average in 2023 (USD 11 000).

In recent years, the resale value 8 of electric cars has been increasing. In Europe, the resale value of battery electric cars sold after 12 months has steadily increased over the 2017-2022 period, surpassing that of all other powertrains and standing at more than 70% in mid-2022. The resale value of battery electric cars sold after 36 months stood below 40% in 2017, but has since been closing the gap with other powertrains, reaching around 55% in mid-2022. This is the result of many factors, including higher prices of new electric cars, improving technology allowing vehicles and batteries to retain greater value over time, and increasing demand for second-hand electric cars. Similar trends have been observed in China.

High or low resale values have important implications for the development of second-hand electric car markets and their contributions to the transition to road transport electrification. High resale values primarily benefit consumers of new cars (who retain more of the value of their initial purchase), and carmakers, because many consumers are attracted by the possibility of reselling their car after a few years, thereby fostering demand for newer models. High resale values also benefit leasing companies, which seek to minimise depreciation and resell after a few years.

Leasing companies have a significant impact on second-hand markets because they own large volumes of vehicles for a shorter period (under three years, compared to 3 to 5 years for a private household). Their impact on markets for new cars can also be considerable: leasing companies accounted for over 20% of new cars sold in Europe in 2022.

Overall, a resale value for electric cars on par with or higher than that of ICE equivalents contributes to supporting demand for new electric cars. In the near term, however, a combination of high prices for new electric cars and high resale values could hinder widespread adoption of used EVs among mass-market consumers seeking affordable cars. In such cases, policy support can help bridge the gap with second-hand ICE prices.

International trade for used electric cars to emerging markets is expected to increase

As the EV stock ages in advanced markets, it is likely that more and more used EVs will be traded internationally, assuming that global standards enable technology compatibility (e.g. for charging infrastructure). Imported used vehicles present an opportunity for consumers in EMDEs, who may not have access to new models because they are either too expensive or not marketed in their countries.

Data on used car trade flows are scattered and often contradictory, but the history of ICE cars can be a useful guide to what may happen for electric cars. Many EMDEs have been importing used ICE vehicles for decades. UNEP estimates that Africa imports 40% of all used vehicles exported worldwide, with African countries typically becoming the ultimate destination for used imports. Typical trade flows include Western European Union member states to Eastern European Union member states and to African countries that drive on the right-hand side; Japan to Asia and to African countries that drive on the left-hand side; and the United States to the Middle East and Central America.

Used electric car exports from large EV markets have been growing in recent years. For China, this can be explained by the recent roll-back of a policy forbidding exports of used vehicles of any kind. Since 2019 , as part of a pilot project, the government has granted 27 cities and provinces the right to export second-hand cars. In 2022, China exported almost 70 000 used vehicles, a significant increase on 2021, when fewer than 20 000 vehicles were exported. About 70% of these were NEVs, of which over 45% were exported to the Middle East. In 2023, the Ministry of Commerce released a draft policy on second-hand vehicle export that, once approved, will allow the export of second-hand vehicles from all regions of China. Used car exports from China are expected to increase significantly as a result.

In the European Union, the number of used electric cars traded internationally is also increasing . In both 2021 and 2022, the market size grew by 70% year-on-year, reaching almost 120 000 electric cars in 2022. More than half of all trade takes place between EU member states, followed by trade with neighbouring countries such as Norway, the United Kingdom and Türkiye (accounting for 20% combined). The remainder of used EVs are exported to countries such as Mexico, Tunisia and the United States. As of 2023, the largest exporters are Belgium, Germany, the Netherlands, and Spain.

Last year, just over 1% of all used cars leaving Japan were electric. However these exports are growing and increased by 30% in 2023 relative to 2022, reaching 20 000 cars. The major second-hand electric car markets for Japanese vehicles are traditionally Russia and New Zealand (over 60% combined). After Russia’s invasion of Ukraine in 2022, second-hand trade of conventional cars from Japan to Russia jumped sharply following a halt in operations of local OEMs in Russia, but this trade was quickly restricted by the Japanese government, thereby bringing down the price of second-hand cars in Japan. New Zealand has very few local vehicle assembly or manufacturing facilities, and for this reason many cars entering New Zealand are used imports. In 2023, nearly 20% of all electric cars that entered New Zealand were used imports, compared to 50% for the overall car market.

In emerging economies, local policies play an important role in promoting or limiting trade flows for used cars. In the case of ICE vehicles, for example, some countries (e.g. Bolivia, Côte d’Ivoire, Peru) limit the maximum age of used car imports to prevent the dumping of highly polluting cars. Other countries (e.g. Brazil, Colombia, Egypt, India, South Africa) have banned used car imports entirely to protect their domestic manufacturing industries.

Just as for ICE vehicles, policy measures can either help or hinder the import of used electric cars, such as by setting emission standards for imported used cars. Importing countries will also need to simultaneously support roll-out of charging infrastructure to avoid problems with access like those reported in Sri Lanka after an incentive scheme significantly increased imports of used EVs in 2018.

The median age of vehicle imports tends to increase as the GDP per capita of a country decreases. In some African countries, the median age of imports is over 15 years. Beyond this timeframe, electric cars may require specific servicing to extend their lifetime. To support the availability of second-hand markets for electric cars, it will be important to develop strategies, technical capacity, and business models to swap very old batteries from used vehicles. Today, many countries that import ICE vehicles, including EMDEs, already have servicing capacity in place to extend the lifetimes of used ICE vehicles, but not used EVs. On the other hand, there are typically fewer parts in electric powertrains than in ICE ones, and these parts can even be more durable. Battery recycling capacity will also be needed, given that the importing country is likely to be where the imported EV eventually reaches end-of-life. Including end-of-life considerations in policy making today can help mitigate the risk of longer-term environmental harm that could result from the accumulation of obsolete EVs and associated waste in EMDEs.

Policy choices in more mature markets also have an impact on possible trade flows. For example, the current policy framework in the European Union for the circularity of EV batteries may prevent EVs and EV batteries from leaving the European Union, which brings energy security advantages but might limit reuse. In this regard, advanced economies and EMDEs should strengthen co-operation to facilitate second-hand trade while ensuring adequate end-of-life strategies. For example, there could be incentives or allowances associated with extended vehicle lifetimes via use in second-hand markets internationally before recycling, as long as recycling in the destination market is guaranteed, or the EV battery is returned at end of life.

Throughout this report, unless otherwise specified, “electric cars” refers to both battery electric and plug-in hybrid cars, and “electric vehicles” (EVs) refers to battery electric (BEV) and plug-in hybrid (PHEV) vehicles, excluding fuel cell electric vehicles (FCEV). Unless otherwise specified, EVs include all modes of road transport.

Throughout this report, unless otherwise specified, regional groupings refer to those described in the Annex.

In the Chinese context, the term New Energy Vehicles (NEVs) includes BEVs, PHEVs and FCEVs.

Based on model trim eligibility from the US government website as of 31 March 2024.

SUVs may be defined differently across regions, but broadly refer to vehicles that incorporate features commonly found in off-road vehicles (e.g. four-wheel drive, higher ground clearance, larger cargo area). In this report, small and large SUVs both count as SUVs. Crossovers are counted as SUVs if they feature an SUV body type; otherwise they are categorised as medium-sized vehicles.

Measured under the Worldwide Harmonised Light Vehicles Test Procedure using vehicle model sales data from IHS Markit.

Price data points collected from various data providers and ad-hoc sources cover 65-95% of both electric and ICE car sales globally. By “price”, we refer to the advertised price that the customer pays for the acquisition of the vehicle only, including legally required acquisition taxes (e.g. including Value-Added Tax and registration taxes but excluding consumer tax credits). Prices reflect not only the materials, components and manufacturing costs, but also the costs related to sales and marketing, administration, R&D and the profit margin. In the case of a small electric car in Europe, for example, these mark-up costs can account for around 40% of the final pre-tax price. They account for an even greater share of the final pre-tax price when consumers purchase additional options, or opt for larger models, for which margins can be higher. The price for the same model may differ across countries or regions (e.g. in 2023, a VW ID.3 could be purchased in China at half its price in Europe). Throughout the whole section, prices are adjusted for inflation and expressed in constant 2022 USD.

This metric of depreciation used in second-hand technology markets represents the value of the vehicle when being resold in relation to the value when originally purchased. A resale value of 70% means that a product purchased new will lose 30% of its original value, on average, and sell at such a discount relative to the original price.

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