Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 4
PETITIONER:
DR. DINESH KUMAR & ORS. A
Vs.
RESPONDENT:
MOTILAL NEHRU MEDICAL COLLEGE, ALLAHABAD & ORS.
DATE OF JUDGMENT25/09/1987
BENCH:
MISRA RANGNATH
BENCH:
MISRA RANGNATH
DUTT, M.M. (J)
CITATION:
1988 SCR (1) 351 1987 SCC (4) 459
JT 1987 (3) 658 1987 SCALE (2)656
ACT:
Professional Colleges-Medical Colleges-Admission to
Post Graduate Courses-Structuring of courses-Common pattern
and uniform system-Necessity for-Holding of all India
examination for reserved seats-Directions by Court. C
HEADNOTE:
Sequel to the main judgment delivered on June 22, 1984
by this Court in Dr. Pradeep Jain, etc., etc. v. Union of
India and others, [198413 SCR 942 regarding admission for
fixed percentage of seats in different courses of study in
the medical faculties on an All India basis, the question of
finalising the scheme for holding the All India Examination
to fill up 25% seats reserved on the basis of institutional
preference for admission to the post graduate courses like
MDS, MS etc. came up before this Court.
Laying down a detailed programme relating to
selection examination, the Court,
^
HELD: Apart from finalising the schedule for holding of
the selection examination, three aspects of the matter, viz.
(1) structuring the Post Graduate courses, (2) the question
of diploma being a qualification for admission to such
courses as in Tamil Nadu, and (3) provision in regard to
super specialities, like M.D. and other higher degrees
require consideration. [354D]
In some States at present the post graduate course is
for a term of two years with housemanship of one year while
in other States it is a full term of three years. If a
common pattern is directed to be adopted immediately there
may be some difficulty. A uniform practice has to be evolved
so that the discipline would be introduced. The present
arrangement will, therefore, continue for a period of five
years. i.e., upto 1992. [354E-F]
For admission beginning from 1993, there would be only
one pattern, namely, a three year course without any
housemanship. All
352
Universities and institutions shall take timely steps to
bring about such A amendments as may be necessary in accord
with this direction before the end of 1991 so that there may
be no scope for raising of any dispute. The uniform pattern
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 4
has to be implemented for 1993. [354F-G]
It is proper that one uniform system is brought into
operation throughout the country. The system now prevailing
in the State of Tamil Nadu regarding the diploma shall
continue until 1992 from 1993 there would be no necessity
for the diploma to be a qualification for admission to post
graduate courses. [354G-H; 355A]
In regard to super specialities and other higher
degrees, the number of such seats are not many and,
therefore, there is no necessity to make any directions in
regard to admissions therefor at present and until necessity
arises it is not appropriate that the Court should consider
that question. [355B]
The announcement for holding of examination for the
selection of 1988 shall be made on October 1, 1987. As
already decided, the examination shall be conducted by the
All India Institute of Medical Sciences, New Delhi. [355G ]
JUDGMENT:
ORIGINAL JURISDICTION: Civil Misc. Petition No. 7667 of
1987.
In
Writ Petition Nos. 348-352 of 1985.
(Under Article 32 of the Constitution of India).
Madan Lokur for the Petitioners.
G. Viswanatha Iyer, P.K. Pillai, M.K.D. Namboodary for
the State of Kerala
J.R. Das and D.K. Sinha for the State of West Bengal.
A.K. Ganguli, Mariapputham for the State of Himachal
Pradesh.
A.M. Khanwilkar and A.S. Bhasme for the State of
Maharashtra.
353
K.H. Nobin Singh for the State of Karnataka.
B.R. Aggarwala, and Ms. S. Manchanda for Medical
Council of India.
D.N. Devedi, R.P. Srivastava, Mrs. Halida Khatun and
Ms. A. Subhashini for the Union of India.
P.H. Parekh, E.K. Jose, B.D. Sharma, M.I. Khan, D.N.
Devedi, R.P. Srivastava, P, Parmeshwaran, Mrs. S. Dikshit,
A.V. Rangam, R. Bana, M. Veerappa, B.R. Aggarwal, 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. Chari, A.K. Sanghi, M.N.
Shroff, D. Goburdhan, Suryakant, H.K. Puri, M.K.D.
Namboodary, B.P. Singh, K. Ramkumar, E.M.S. Anam T.V.
Ratnam, L.R. Singh, D.R. Agarwal, R.S. Sodhi Mrs. Sushma
Suri, A. Subba Rao, Prabir Choudhary, D.N. Mukherjee, S.K.
Mehta, M.K. Garg, P. Parmeshwarn M. Karanjawala, L.K.
Pandey, K. Rajindera Choudhary, P.C. Kapur, Pramod Swarup,
T. Sridharan, Rajesh, N.M. Ghatate, Ravi P. Wadhvani, S.K.
Gambhir, D.N. Mishra for the other appearing parties.
The following order of the Court was delivered:
ORDER
By the main judgment of this Court delivered on 22nd
June, 1984 in Dr. Pradeep Jain etc. etc. v. Union of India &
Ors., [1984] 3 SCR 942 this Court decided that admission for
a fixed percentage of seats in different courses of study in
the Medical Faculties should be on an All India basis.
Dealing with Post Graduate Courses such as MDS and MS and
the like and taking into consideration broader aspects of
equality of opportunity and institutional continuity in
education which as its own value and relevance, this Court
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 4
took the view that though residential requirement within the
State should not be a ground for reservation in admissions
to Post Graduate Courses, a certain percentage of seats may
be reserved on the basis of institutional preference in the
sense that a student who has passed MBBS course from a
Medical College may be given preference for admission to
Post Graduate Course in the same Medical College or
University, but such reservation on the basis of
institutional preference should not in any event exceed 50
per cent of the total number of seats available for
admissions to the Post Graduate course. By a subsequent
order made on 21st of
354
July, 1986 it has been directed that the total number of
seats for admission to Post Graduate courses in each Medical
College or institution on the basis All India Entrance
Examination shall be limited to 25 per cent. Thereafter we
had given direction in regard to finalising the courses of
study and holding of All India Entrance Examination both for
the MBBS as also the Post Graduate Courses. So far as the
Bachelor’s counsel is concerned, by order dated August,
1987, we have finalised the matter. The question of
finalising the scheme in regard to Post Graduate courses had
been left to be dealt with separately. We have heard counsel
for the Union of India, the Medical Council of India and
such of the other parties as chose to appear when the matter
came up on 18th September, 1987, and we have perused the
papers relevant to the matter.
Three aspects of the matter require consideration of
this Court apart from the question of finalising the
schedule relating to holding of the selection examination
and those are: (1) structuring the Post Graduate courses (2)
the question of diploma being a qualification for n
admission in Post Graduate course as prevailing in the State
of Tamil Nadu and (3) Provision in regard to super
specialities like MD and other higher degrees.
It appears that in some States at present the Post
Graduate course is for a term of two years with housemanship
of one year while in other States it is a full term of
three years. We find that many of the States are of the view
that this situation should continue. If a common pattern is
directed to be adopted immediately there may be some
difficulty. A uniform practice has to be evolved so that the
discipline would be introduced. We accordingly allow the
present arrangement to continue for a period of five years
i.e. upto 1992 inclusive. For admission beginning from 1993
there would be only one pattern, namely, a three year course
without any housemanship. All Universities and institutions
shall take timely steps to bring about such amendments as
may be necessary to bring statutes, regulations, and rules
obtaining in their respective institutions in accord with
this direction before the end of 199 1 so that there may be
no scope for raising of any dispute in regard to the matter.
The uniform pattern has to be implemented for 1993.
It is proper that one uniform system is brought into
vogue throughout the country. The justification for such a
course has been appropriately emphasised both in the main
judgment as also in the intermediate order made by us and
there is no necessity to reiterate the reasoning now. We,
however, allow the system now prevailing in
355
the State of Tamil Nadu regarding the diploma until 1992.
From 1993 there would be no necessity for the diploma to be
a qualification for A admission to Post Graduate courses.
We do not intend to make any provision in our order in
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 4 of 4
regard to super specialities and other higher degrees. The
number of such seats are not many. We are of the view that
there is no necessity to make any directions in regard to
admissions therefor at present and until necessity arises it
is not appropriate that the Court should consider that
question.
What remains now to be dealt with is the finalisation
of the programme relating to the selection examination. As
already decided the selection examination shall be conducted
by the All India Institute of Medical Sciences, New Delhi.
The announcement for holding of the selection examination
shall be made on the 1st of October of every year and a full
four weeks’ time would be made available to candidates for
making their applications. After the applications are
received not later than six weeks from October, the some
would be scrutinised and duly processed and admit cards
would be issued. Examination shall be held on the second
Sunday of January. The results of examination shall be
announced within four weeks from holding of the examination.
Admission shall commence two weeks after the declaration of
results. The last date for taking admission shall be six
weeks from the date of the announcement of results but the
Head of every institution shall be entitled to condone delay
upto seven days for reasons shown and grounds recorded in
special cases. The courses of study shall commence in every
institution providing such study throughout the country from
Second May. Notification Announcing Examination publication
of result and allotment of place of admission (keeping
preferences in view and our directions regarding preference
of lady candidates in places of proximity to residence)
shall be published in two successive issues of one national
paper in English having large circulation in every State and
at least in two local papers in the language of the State as
quickly as possible.
We have already directed that the scheme for post
Graduate course shall be operative in 1988, we accordingly
direct that for the selection of 1988, the announcement for
holding of examination be made on 1st of October, 1987.
All directions necessary for the Post Graduate courses
are now complete. We direct the Union of India, the Medical
Council of India, H
356
the State Governments, Universities, Medical Institutions
and all other authorities that may be involved in
implementation of the scheme to give full effect to the
orders and direction made by this Court in the proper spirit
so that the scheme may become operative as directed. We make
it clear that no application for any modification of matters
already covered by our order henceforth shall ordinarily be
entertained.
A copy of this order shall be communicated forthwith
to the Chief Secretary of every State and Union Territory
for compliance. A copy of it be also sent to the Director
General, All India Radio and Doordarshan for appropriate
publicity of the order in general interest.
N.P.V.
357