Full Judgment Text
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PETITIONER:
DR. DINESH KUMAR & ORS.
Vs.
RESPONDENT:
MOTILAL NEHRU MEDICAL COLLEGE,ALLAHABAD & ORS.
DATE OF JUDGMENT03/08/1987
BENCH:
MISRA RANGNATH
BENCH:
MISRA RANGNATH
DUTT, M.M. (J)
CITATION:
1987 AIR 2396 1987 SCR (3) 744
1987 SCC (4) 122 JT 1987 (3) 228
1987 SCALE (2)169
ACT:
Professional Colleges--Medical Colleges--Admission to
MBBS/ BDS Course--Implementation of Scheme and holding of
All India Entrance Examination for filling up of 15% re-
served seats--Directions of Court.
HEADNOTE:
Pursuant to this Court’s directions regarding the reser-
vation of seats for admission to different courses of study
such as MBBS/BDS and Post Graduate Specialities and holding
of an All India Entrance Examination therefor, contained in
its judgment delivered in a group of writ petitions on June
22, 1984, a Scheme was prepared by the Medical Council of
india, in consultation with various authorities, and submit-
ted to the Court.
The Court considered the said Scheme along with objec-
tions and, by its order dated July 21, 1986 approved the
Scheme and the syllabus with modifications and the States
were directed to bring their syllabi for the 12th year in
line with the syllabus approved by this Court. The Central
Board of Secondary Education was directed to hold the All
India Entrance Examination. The Scheme was intended to be
implemented from the 1985-86 academic session but was de-
ferred to 1986-87 academic session and later to 1987-88
academic session.
The revised Schemes in accordance with the Court’s
directions were not placed before the Court for confirma-
tion/finalisation in the manner indicated by the Court and
when the concerned authorities proceeded with making neces-
sary arrangements for holding the All India Entrance Exami-
nation, several applications were moved objecting to the
holding of the examination, in the absence of final clear-
ance from this Court.
On 30th April, 1987 this Court restrained the States and
their respective medical colleges from filling up the 15%
reserved seats in the first year MBBS course until further
orders, and the States which had not filed their objections
were directed to do so.
745
Several States filed objections. The common objection
was that more time was needed to conveniently adapt to the
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switch-over as contemplated by the Scheme and. therefore,
implementation of the Scheme under the main judgment should
be deferred at least for two more years. Another objection
was that the syllabus-curriculum of study--in some of the
States being different from the syllabus formulated under
the orders of this Court, the students would be handicapped
when taking the entrance examination. Yet another objection
was that the medium of study in the qualifying course being
the State language, it would be difficult for the students
to take the All India Entrance Examination in English.
This Court, disposing of the objections,
HELD: 1.1 Ours is a large country and the level of
education is not uniform throughout. Undoubtedly some States
are more advanced than others in the field of education. The
idea underlying the Scheme is to bring about a national
cohesion and understanding and the Scheme has to be looked
at from that stand point. In introducing a Scheme of this
type which requires a switch-over from the prevailing pat-
tern, there is bound to be some inconvenience. Whether it is
introduced now or two years after, it would indeed bring
about a feeling of anxiety and uncertainty till one gets
used to it. This is a part of human nature. There is general
welcome to the Scheme, but there is an objection to its
implementation. The Scheme is intended to be implemented and
if the Scheme is welcome, its implementation should also be
received well. There could, therefore, be no room for objec-
tion at the threshhold. [754E-F]
1.2 It would be appropriate to bring the Scheme into
operation from the coming year so that all the preliminaries
can be properly conducted and in regular course the students
can seek admission to the 1988-89 session. Accordingly, the
authorities will hold the examination in June, 1988. [755C]
It may be open to the State of Punjab to apply for
directions of this Court when the Scheme is about to be
implemented in case the present law and order situation
continues. [754D]
1.3 As the Scheme syllabus had already been prepared,
the Court had indicated in the order of July 21, 1986 that
the courses of study at least for the 12th Class should be
so changed as to fit into the syllabus. The State Government
should have taken immediate steps for that pur-
746
pose. Now that implementation of the Scheme is being de-
ferred till the next session, a gap of almost two years
would have intervened between the earlier order of the Court
and the time when the Scheme would be implemented. The
implementation of the Scheme cannot, therefore, be deferred
any further beyond the coming session. [753A, C]
1.4 The medium of study of the MBBS course being in
English, those students who propose to study the MBBS have
got to be reasonably proficient in that language. Besides,
the manner in which the entrance examination would be held
does not require long answers to be written so that profi-
ciency in English should become an absolute necessity so far
as that examination itself is concerned. [753E-F]
1.5 By the time the Scheme is put into operation in
1988-89 session, all the States would have four years of
notice of the judgment proposing the switch-over to the
Scheme. Four years’ period is certainly sufficient notice
and no one can have any occasion to feel aggrieved that
there is any hustling up in the implementation of the
Scheme. [752F]
1.6 In view of the direction that the Scheme should be
operative from the 1988-89 academic session, the order of
injunction regarding the 15% seats is recalled. The respec-
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tive institutions are now free to fill up these vacancies in
accordance with their own procedure of admission. [755F]
JUDGMENT:
ORIGINAL JURISDICTION: Civil Misc. Petition No. 7667 of
1987.
IN
Writ Petitions Nos. 348-352 of 1985.
(Under Article 32 of the Constitution of India).
Madan Lokur for the Petitioners.
G. Viswanatha Iyer and P.K. Pillai for the State of Kerala.
J.R. Das and D.K. Sinha for the State of West Bengal.
A.K. Ganguli and Mariarputham for the State of Himachal
Pradesh.
D.N. Dwivedi, R.P. Srivastava, Mrs. Halida Khatun and
Ms. A. Subhashini for the Union of India.
747
P.H. Parekh, E.K. Jose, Mrs. S. Dikshit, A.V. Rangam R.
Rana, M. Veerappa, B.R. Agarwal, B.D. Sharma, R.C. Verma,
C.V. Subba Rao, D.K. Sinha, J.R. Dass, M.E. Sardhana, S.K.
Nandy, A.S. Bhasme, A.M. Khanwilkar, P.P. Singh, R.K. Mehta,
T.V.S.N. Chari, A.K. Sanghi, M.N. Shroff, D. Goburdhan,
Suryakant, H.K. Puri, M.K.D. Namboodiry, B.P. Singh, K.
Ramkumar, E.M.S. Anam, T,V. Ratnam, L.R. Singh, D.R. Agar-
wal, R.S. Sodhi, Mrs. Sushma Suri, A. Subba Rao, Prabir
Choudhary, D.N. Mukharjee, S.K. Mehta, M.K. Garg, P. Par-
meshwarn, M. Karanjawala, L.K. Pandey, K. Rajindera Choud-
hary, P.C. Kapur, Pramod Swarup, T. Sridharan, Rajesh, N.M.
Ghatate, Ravi P. Wadhvani, S.K. Gambhir ,and D.N. Mishra for
the Interveners.
The following Order of the Court was delivered by
ORDER
On June 22, 1984, a three-Judge Bench to which one of us
was.a party delivered the judgment in a group of writ peti-
tions and while disapproving of the prevailing wholesale
reservation on different scores in regard to admission of
students into medical courses of study such as M.B.B.S. and
Post Graduate specialities, proceeded. to observe that "the
very mandate of the equality clause viewed in the perspec-
tive of social justice would justify some extent of reserva-
tion based upon residence requirement within the State or on
institutional preferences for students passing the qualify-
ing examination." One of the considerations--perhaps the
primary one-in formulating the scheme for creating a nation-
al forum for choice of candidates for the reserved seats-was
the growth of a broad-based national approach as against the
prevailing State-based reservationist policy.
The Judgment was delivered during the long vacation of
the court perhaps with the fond hope that the scheme evolved
by this Court could be implemented in the educational ses-
sion to follow. This Court had not then assessed what magni-
tude the task of implementation of the scheme would involve.
When the scheme did not become operative even in the
following year (1985-86), this Court directed the Government
of India to convene a meeting in which Medical faculties of
universities, Health Secretaries of State Governments,
representatives of the Medical Council of India, the Dental
Council of India, National Board of Examinations, National
Academy of Medical Sciences, the Central
748
Board of Secondary Education and representatives of the
Ministries of Education and Law were to participate with a
view to scrutinising and giving shape to the scheme prepared
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by the Medical Council of India under orders of this Court
and finalise every detail regarding the holding of the All
India Entrance Examination for the MBBS/BDS and Post Gradu-
ate Courses. This meeting was held on September 16, 1985,
and after deliberations a shape was given.
The resultant scheme and certain objections came to be
dealt by this Court in its order dated July 21, 1986. By
this order the reservation of 30% indicated in the main
judgment was reduced to 15% of the total seats for MBBS
course in each medical college or institution without taking
into account any reservations validly made and this Court
observed:-
"This new formula is in our opinion
fair and just and brings about real equality
of opportunity in admissions to the MBBS/BDS
course without placing the students in one
State in an advantageous or disadvantageous
position as compared to the students in anoth-
er State."
This Court dealt at length with the objections
to the syllabus and ultimately said:-
"We approve of the syllabus since it
has been accepted by the Medical Council of
India, the Government of India and all the
State Governments except the State of Maha-
rashtra which also did not make any submis-
sions to the Court at the hearing of this
case."
This Court further said :-
"Since as a result of the direction
given by us on 2nd May, 1986, our judgment
dated 22nd June, 1984, is going to be opera-
tive only with effect from the academic year
commencing in 1987 and the first All India
Entrance Examination for admission to the
MBBS/BDS course would be held only in June,
1987, we would request the Education Depart-
ment of each State as also the Board of Sec-
ondary and/or Higher Secondary Education in
each State to take note of this syllabus which
we have approved for the All India Entrance
Examination and to suitably amend its syllabus
or course for the 12th year (perhaps class)
749
so as to bring it in line with the syllabus
approved by us so that the students passing
the qualifying examination of the 12th class
may be properly equipped to face the All India
Entrance Examination. It would be desirable if
a common syllabus is adopted at +2 level
throughout the country so that there may be
uniformity in the educational pattern and the
students in various States may be able to
appear in the All India Entrance Examination
on a footing of equality without any undue
advantage to one as against the other."
By the same order, the Court held that the Central Board
of Secondary Education would be the agency to conduct the
All India Entrance Examination for admission to the MBBS
course. It was further clarified that the scheme in the main
judgment as modified later is meant to apply to medical
colleges or institutions maintained or run by the Union of
India, any State Government or Municipal or Local Authority.
That order also directed that :-
"All India Entrance Examination for MBBS/BDS
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course shall be held once in a year which may
commence at any time between 15th July and 1st
August each year. The dates indicated in
paragraph 14 of the Scheme of All India En-
trance Examination for MBBS/BDS course are
quite in order but we would add one more date,
namely, that the result of the All India
Entrance Examination shall be declared some-
time between the 15th and the 20th June. A
list of successful candidates shall be pre-
pared in order of merit and it shall comprise
the names of as many students as the number of
vacant seats available for admission plus
10% more and there shall also be a waiting
list as indicated in paragraph 8 of the
scheme. There shall also be an interval of
time of at least three weeks between the date
of publication of the list and the date of
admission to the medical colleges or institu-
tions covered by the scheme."
There is an apparent mistake in the working schedule in this
part of that order. If the examination is to be held between
July 15 and August 1, the result cannot be declared between
the 15th and the 20th of June. We clarify this apparent
error by directing that the examination shall be held be-
tween 16th May and 31st May and the results shall be noti-
fied between 15th and 20th June. The list of the candidates
as directed in that order will be prepared within one week
from the publication of the results and three weeks’ time
shall be allowed to
750
intervene before actual admission starts. By the end of
August such process having been completed, actual teaching
should start from the beginning of September. In all medical
colleges/institutions to which the scheme applies, teaching
for MBBS/BDS course should start on the first working day of
September and even those institutions which are outside the
scheme might as well commence their academic sessions from
September so that throughout the country there would be
uniformity in that regard. In that order, this Court further
held:-
"The schemes of examination for
admission to MBBS/BDS course .......... are
therefore approved by us, subject to the
various modifications discussed and formulated
in this judgment. We would direct the Govern-
ment of India to revise these schemes in
accordance with the modifications directed in
this judgment and to submit such revised
schemes to this Court within two weeks from
today. The Government of India will supply
copies of the revised schemes to the learned
advocates appearing on behalf of the State
Governments, the Medical Council of India and
the Bombay University so that if the revised
schemes are not in accordance with the direc-
tions given by us in this judgment in any
respect, they may be able to point out such
discrepancies in the revised schemes."
The Writ Petitions were directed to be placed for hear-
ing on 4th of August, 1986, for confirmation of the revised
schemes prepared by the Government of India in accordance
with the directions given in that judgment. The revised
schemes were not placed for finalisation before the Court in
the manner directed but ultimately the concerned authorities
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proceeded with the making of arrangements for holding of the
All India Entrance Examination. At that stage, several
applications were moved objecting to the holding of the
examination in the absence of a final clearance from this
Court. In that order of 21st July, 1986, this Court had
directed:-
"We would like to make it clear that
students shall be entitled to appear at the
All India Entrance Examination even if the
result of the qualifying examination has not
yet been declared, provided they have appeared
at the qualifying examination but they cannot
be admitted to the MBBS/ BDS course unless
they have passed the qualifying examination."
751
In the advertisement which was given calling for applica-
tions from candidates seeking admission to the entrance
examination, eligibility was limited to successful candi-
dates in the qualifying examination and the above direction
of this Court was not reflected there. On 30th of April,
1987, this Court made the following order:-
"We understand that notice of the
Scheme has been served on all the States. Some
of the States have filed their objections to
the proposed Scheme. The remaining States may
file their objections by June 15, 1987 latest.
The Registry of this Court will serve a copy
of this Order on the Chief Secretary of each
State to enable those States who have not
filed objections to do so by the aforesaid
date. Those States who do not have a copy of
the Scheme with them will apply to the Regis-
try within time for such copy. It is distinct-
ly understood that no further time will be
allowed to any State for filing objections.
The Union of India will file its response to
those objections by July 10, 1987. The matter
shall be listed on July 14, 1987 for final
disposal. Meanwhile, the examination scheduled
for May 3, 1987 shall stand postponed. The
postponement of the examination shall be
notified publicly in all prominent newspapers,
the All India Radio and Doordarshan immediate-
ly.
We also restrain the States and their
respective medical Colleges from filling up
15% of the seats in the First Year
M.B.B.S. Course ............... until fur-
ther orders."
In compliance with the said direction, the objections filed
by the various States have been placed before us which are
being disposed of by this order. The States which have
filed’ their objections are the following:-
(1) Assam
(2) Goa
(3) Gujarat
(4) Haryana
(5) Karnataka
(6) Kerala
752
(7) Orissa
(8) Punjab
(9) Rajasthan
(10) Tamil Nadu
(11) Uttar Pradesh
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(12) West Bengal.
Apart from these States, the Bombay Municipal Corporation
has sent some objections to the scheme.
Most of the States had a common objection, namely, some
more time is needed to Conveniently adapt to the switch-over
as contemplated by the scheme and, therefore, implementation
of the Scheme. under the main judgment should be deferred at
least for two more years. We have already pointed out that
the Scheme was intended to be enforced in 1985-86 academic
session and when it was deferred to the next year, the Court
was hopeful that it could be introduced in the academic
session of 1986-87. We have indicated at length by quoting
from the order of July 21, 1986, how under adverse circum-
stances it was not possible to enforce it in that academic
session but the Court felt assured that the Scheme would be
operative in the current academic session, namely, of 1987-
88. Even in April, 1987 when injunction against filling the
15% of the seats was directed, this Court seems to have
still been hopeful of the working out the Scheme in this
session. For reasons which we shall indicate presently, it
is not possible to enforce the Scheme in the current academ-
ic session of 1987-88. By the time the Scheme is put into
operation in 1988-89 Session, all States would have four
years of notice of this judgment proposing the switchover to
the Scheme. Four years’ period is certainly sufficient
notice and no one can have any occasion to feel aggrieved
that there is any hustling up in the implementation of the
Scheme. We are, therefore, not impressed at all by the stand
taken in the objections that more time necessary for imple-
menting the Scheme and, therefore, its implementation should
be deferred until 1990.
The next objection which most of the States have voiced
is that the syllabus--curriculum of study--in some of these
States being different from the syllabus formulated under
the orders of this Court, the students would be handicapped
when taking the entrance examination. Here again we see no
force. We have extracted at considerable length from a part
of the order of July 21, 1986, where this aspect was
753
in the mind of the Court and as the Scheme syllabus was
already prepared, the Court indicated that the courses of
study at least for the 12th Class should be so changed as to
fit into the syllabus. The State Governments should have
taken immediate steps for that purpose. Now that we are
deferring the implementation of the scheme till the next
session, a gap of almost two years would have intervened
between the earlier order of the Court and the time when the
Scheme would be implemented. Those States who have not taken
steps to bring their syllabi in line with the Scheme sylla-
bus must be blamed for indifference but there is still time
to remedy the situation. Such of the students who propose to
sit at the entrance examination must from now on undertake
an extended study of the subjects covered by the syllabus in
case some portions from the approved scheme syllabus are not
covered by their own. We do not consider this objection as a
valid one for deferring the implementation of the Scheme any
further beyond the coming session.
On behalf of some of the States like Rajasthan and Tamil
Nadu, it was pointed out that the medium of study in the
qualifying course being the State language, it would be
difficult for the students to take the All India Entrance
Examination in English. This is not the first time this
objection has been raised. Even on an earlier occasion, it
was claimed that the entrance examination should be held by
adopting regional or State languages. On this count, the
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Court had indicated the reasons and had refused to accept
that request. We do not think there is any justification to
take a different view of the situation. We would reiterate
that the medium of study of the MBBS Course being in Eng-
lish, those students who propose to study the MBBS have got
to be reasonably proficient in that language. Besides, the
manner in which the entrance’ examination would be held,
does not require long answers to be written so that profi-
ciency in English should become an absolute necessity so far
as that examination itself is concerned. In these circum-
stances we do not see any real force in the objection relat-
ing to the language of the examination.
On behalf of the State of Assam, a plea was raised that
the enforcement of the Scheme should be deferred for a
period of five years. By way of justification for such a
request, it was maintained that the State has suffered badly
on account of the continuous agitation for about three to
four years and during this period, the educational institu-
tions were mostly closed and the State is still in a process
of recovery. It is a fact that the State passed through a
period of agitational cloud but we do not think there would
be any justification to keep the
754
State out from the national stream. It is quite possible
that for the first year or two, some inconvenience may be
experienced but we are sure, the young students from Assam
would maintain high spirits and would match up to the na-
tional standards for competition in respect of the 15%
seats. We are of the view that it would be in the interest
of the State of Assam to quickly join the national stream.
A similar request has been made on behalf of the State
of Punjab though on different grounds. It is stated that the
prevailing situation of law and order in Punjab being what
it is, it may be difficult for students from outside Punjab
to be in Punjab for pursuing their courses of studies in the
MBBS and equally unfavourably would be the position for
youngsters from Punjab to go out to other institutions
located in different parts of the country. We cannot shut
our eyes to the realities of the situation but there is
still almost a year for the Scheme to be implemented and we
hope the present situation would not continue so long. In
case the present situation continues, it may be open to the
State of Punjab to apply for directions of this Court when
the Scheme is about to be implemented. For the present we
reject the request of the Punjab State’.
Ours is a large country and the level of education is
not uniform throughout. Undoubtedly some States are more
advanced than others in the field of education. The idea
underlying the Scheme is to bring about a national cohesion
and understanding and the Scheme has to be looked at from
that stand point. In introducing a Scheme of this type which
requires a switch-over from the prevailing pattern, there is
bound to be some inconvenience. Whether it is introduced now
or two years after, would indeed bring about a feeling of
anxiety and uncertainty till one gets used to it. This is a
part of human nature. We have found a general welcome to the
Scheme but an objection to its implementation. The Scheme is
intended to be implemented and if the Scheme is welcome, its
implementation should also be received well. There could,
therefore, be no room for objection at the threash-hold.
Now that the objections are not entertained and the
Scheme is finalised--and the syllabus was earlier
approved---all formalities for the holding of the examina-
tion are complete.
The next question is as to when should the examination
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be held. Learned counsel for the Union of India as also the
Indian Medical Council suggested that it could be done in
October this year so that the candidates selected at the
entrance examination could join the 1987-88
755
Session from November. In most of the colleges, admission in
respect of 85% seats has been completed and actuaL teaching
has either begun or is about to begin. By November a sub-
stantial part of the course would have been read. To meet
the situation, learned counsel for the Union of India sug-
gested that we should direct the colleges and institutions
to have a supplementary course for the students admitted
against. the 15% vacancies. In the absence of consent from
the institutions, it would be difficult to work out that. As
it is, there exists a lot of confusion in the field and we
do not propose to add to it by giving a direction of the
type proposed. On the other hand it would be appropriate to
bring the Scheme into operation from the coming year so that
all the preliminaries can be properly conducted and in
regular course the students can seek admission to the 1988-
89 Session. We accordingly direct the authorities to hold
the examination in the manner directed, in June, 1988. The
Union of India, the Medical Council, the Dental Council, the
several States, Universities and Medical Colleges or insti-
tutions who are covered by the Scheme are directed to comply
with these orders in time so as to give full effect to what
has been said here.
We have no intention to accept any application for
further modification or alteration of our orders except in
regard to the State of Punjab to the extent we have indicat-
ed in this order. We had put the parties appearing before us
to notice of our intention and we reiterate it in our
present order that no such application shall be entertained.
We hope and trust that all concerned would cooperate in
giving an easy workable switch-over to the Scheme to be
implemented in the 1988-89 academic session so far as the
MBBS/BDS course is concerned. In view of our directing the
Scheme to be operative from the 1988-89 academic session,
the order of injunction passed on 20th of April, 1987,
regarding the 15% seats is recalled. The respective institu-
tions are now free to fill up these vacancies in accordance
with their own procedure of admission.
A copy of this order shall be communicated forthwith by
the Registry to the Chief Secretary of every State and or
Union Territory as the case may be.
N.P.V.
756