Dinesh Kumar & Ors A Vs. Motilal Nehru Medical College, Allahabad & Ors
 INSC 270 (25 September 1987)
RANGNATH MISRA RANGNATH DUTT, M.M. (J)
1988 SCR (1) 351 1987 SCC (4) 459 JT 1987 (3) 658 1987 SCALE (2)656
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
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.
down a detailed programme relating to selection examination, the Court, ^
Apart from finalising the schedule for holding of the selection examination,
three aspects of the matter, viz.
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 house man ship 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 house man ship. 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 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 is not many and, therefore, there is no
necessity to make any directions in regard to admissions there for 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 ]
Civil Misc. Petition No. 7667 of 1987.
Writ Petition Nos. 348-352 of 1985. (Under Article 32 of the Constitution of
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.
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.
following order of the Court was delivered:
By the main judgment of this Court delivered on 22nd June, 1984 in Dr. Pradeep
Jain etc. etc. v. Union of India & Ors.,  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.
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 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.
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.
appears that in some States at present the Post Graduate course is for a term
of two years with house man ship 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 house man ship. 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.
uniform pattern has to be implemented for 1993.
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.
1993 there would be no necessity for the diploma to be a qualification for A
admission to Post Graduate courses.
do not intend to make any provision in our order in regard to super specialties
and other higher degrees. The Number of such seats is not many. We are of the
view that there is no necessity to make any directions in regard to admissions
there for at present and until necessity arises it is not appropriate that the
Court should consider that question.
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.
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.
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.
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.
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.
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.