Rajasthan & Anr Vs. Dr. Ashok Kumar Gupta
& Ors  INSC 318 (11 October 1988)
M.P. (J) Thakkar, M.P. (J) Ray, B.C. (J)
1989 AIR 177 1988 SCR Supl. (3) 493 1989 SCC (1) 93 JT 1988 (4) 176 1988 SCALE
INFO : E&R 1989 SC1194 (16) R 1992 SC1475 (4,5)
of India, 1950-Article 14-Equality doctrine'--Ordinance No. 278-E(d)(ii)--Of
University of Rajasthan Ordinance-Held void--Admission to P. G. Course in
Medical Colleges in Rajasthan--5% marks addition to aggregate marks obtained in
competitive examination in case of students who obtain MBBS degree of Rajasthan
University-- Offends 'equality doctrine'.
Professional Colleges--Admission to: Ordinance of University of Rajasthan
Ordinance No. 278-E(d)(ii)-- Admission to P.G. Course in the five Medical
Colleges in State of Rajasthan--Addition of 5% marks to aggregate marks in the
competitive examination by way of institutional preference if candidate has
obtained MBBS degree from the same Medical College for which selection
sought--Held offends `equality doctrine' and Constitutionally void.
respondents had sought admission to post-graduate courses in the five medical
colleges affiliated to the Rajasthan University through a competitive examination
which was common for all these five colleges. They were not able to secure
admission in any discipline even though they had secured more marks as compared
to the successful candidates who had been granted additional marks on the basis
of Ordinance 278-E(d)(ii) of the Ordinance of University of Rajasthan. Under
this proviso the successful candidates were entitled to a uniform addition of
5% marks in the percentage of aggregate marks if they had passed the final
M.B.B.S. examination from the same institution for which selection was being
made. The respondents challenged this provision as violative of the equality
principle enshrined in Article 14 of the Constitution. The High Court struck
down as unconstitutional the impugned provision embodied in note (d)(ii) of
the appeal, it was,
The aggregate marks for all subjects put together is 2750. 5% of these makrs
would work out to 137.5 marks. In the result, a candidate from the same college
will have an advantage of 137.5 marks over candidates from other PG NO 493 PG
NO 494 colleges. In medical courses where there is intense competition and
candidates run neck to neck so often with a difference of a mark or two, a
difference of 137.5 marks by way of college-wise institutional preference would
virtually make a mockery of the merit criteria. [498C-D]
This factor coupled with other factors leave no room for doubt that while on
the face of it the impugned rule appears to extend or accord equal treatment of
5% weightage to the students of each of the five Medical College, in actual operation it brings
about oppressive and obnoxious inequality. Once the veil of apparent equality
is pierced, the ugly inequality stares one in the eyes which are opened to the
offensive 'reality' [502B-C]
Admission to post-graduate courses st SMS College at Jaipur being considered as
most advantageous, a candidate from Jaipur College will get admission in P.G.
Course at Jaipur in preference to the other more meritorious candidates merely
because he passed the M.B.B.S. examination at Jaipur even though all of them
secured their marks at the indentical competitive examination to all the
Colleges. It needs no argument that Article 14 is seriously shattered. [498D]
What may 'appear' to be equal treatment accorded in obeisance to the equality
doctrine embodied in Article 14 of the Constitution in its application in
'reality' may result in denial of equality and may accordingly be liable to be
condemned for defying the equality doctrine. [495B]
Such being the position the constitutional validity of the impugned rule cannot
be sustained. It has to be buried unceremoniously as unconstitutional being
violate of Art. 14 of the Constitution of India. [502C-D] Nidamarti Mahesh kumar v. State of Maharashtra, AIR 80 SC 1362--(1980) 3 SCR 1302,
APPELLATE JURISDICTION: Civil Appeal Nos.2461- 2463 of 1987.
the Judgment and Order dated 7.8.1987 of the Rajasthan High Court in D.B.C.
Writ Petition Nos. 1374, 1987 and 1453 of 1987.
Sharma for the Appellants.
495 Tapas Ray and S.K. Jain for the Respondents.
Judgment of the Court was delivered by THAKKAR, J. What may 'appear' to be
equal treatment accorded in obeisance to the equality doctrine embodied in
Article 14 of the Constitution in its application in 'reality' may result in
denial of equality and may.
be liable to be condemned for defying the equality doctrine. This has been
illustrated by the provision embodied in Ordinance No. 278-E (d)(ii) of the
Ordinance of University of Rajasthan which provides for uniform addition of 5%
marks to the students applying for admission to the post-graduate course in any
one of the five Medical Colleges provided the student has passed his final MBBS
Examination from the College to which admission in post-graduate course is
sought. The said provision has been held to be unconstitutional and in our
opinion the conclusion reached by the High Court is right though the reasoning
which has commended itself to this Court is somewhat different.
Writ Petitions were instituted in the Rajasthan High Court, (Jaipur Bench by
the Writ Petitioners who sought admission to post-graduate courses in the
Colleges affiliated to the Rajasthan University. There are five such Medical
Colleges at five different centres in Rajasthan, viz Jaipur, Bikaner, Udaipur, Jodhpur and Ajmer.
appears that for the purpose of securing admission to these Colleges the
applicants seeking admission have to appear at a competitive examination called
PMG. The passing of this Examination is a pre-condition for securing admission
to the PMG course any one of the aforesaid five Colleges in Rajasthan. The PMG
competitive examination is 'common' for all the five Medical Colleges. There
one syllabus and one combined examination is conducted by th University. The
successful candidates are entitled to addition of 5% marks in the percentage of
aggregate marks by way of institutional preference if the concerned candidates
had passed the final MBBS Examination. conducted by the Rajasthan University. A further addition of 5% of marks by way of institutional
preference in the sense of preference dependent on the particular Medical College at which the concerned candidate has passed his final MBBS
examination is also provided. It is this college-based institutional preference
which has given rise to the present controversy.
preference is rooted in the impugned provision namely Ordinance 278-E(d) which
deserves to be quoted:
The total marks so obtained shall be converted into PG NO 496 percentage. The
percentage so obtained shall be increased as follows:
5 if the applicant passed the final M.B.B.S. Examination from the Rajasthan University.
By another 5 if the applicant passed the Final M.B.B.S. Examination from the
same institution for which selections are being made."
Writ Petitioners contended that this provision violated the equality principle
enshrined in Article 14 of the Constitution of India and was accordingly
unconstitutional. It appears that while each of the five Medical Colleges in
Rajasthan is conducting post-graduate courses in specified specialities and
super specialities, the Doctors who have graduated from all the Medical
Colleges in Rajasthan by and large consider admission to post- graduate courses
at SMS College at Jaipur as most advantageous. In other words securing
admission in post graduate course at Jaipur in SMS College is considered to be achievement and
the courses at Jaipur are the most sought after courses. The reasons underlying
this keenness to secure admission in Jaipur College are understandable inasmuch as:
are many more seats available for PG courses; and
are many more specialities available at the Jaipur College as compared to other Colleges;
Tabular statement reflecting the positions of seats in the five Medical
Colleges may best scrutinized:
Subject S.M.S. S.N. R.N.T. S.P. J.I.N. Total Medical Medical Medical Medical Medical College College College College College Jaipur Jodhpur Udaipur Bikaner Ajmer
surgery 17(4) 10(2) 8(2) 8(2) 8(2) 51(12)
Medicines21(5) 9(2) 10(3) 10(2) 11(3) 61(15)
2(1) 1(0) 1(0) 0(0) (0) 4(1)
& V.D. 2(()) 1(1) 0(0) 0(0) 0(0) 3(1) PG NO 497
Psychiatry 3(1) 0(0) 0(0) 11(0) 0(0) 4(1)
&Obst. 18(4) 8(2) 8(2) 8(2) 8(2) 50(12)
Medicine11(3) 5(1) 4(1) 4(1) 4(1) 28(7)
11(3) 4(1) 4(1) 4(1) 4(1) 27(7)
2(0) 2(1) 2(1) 2(1) 2(0) 10(3)
Radio-Therapy 1(1) 0(0) 0(0) 1(0) 0(0) 2(1)
E.N.T. 2(0) 1(1) 1(0) 1(0) 1(1) 6(2)
6(1) 2(0) 2(1) 2(0) 2(1) 14(3)
8(2) 2(1) 2(0) 2(1) 2(0) 16(4)
Pathology 4(1) 1(0) 1(0) 1(1) 1(0) 8(2)
Microbiology 2(1) 1(0) 1(1) 1(0) 1(0) 6(2)
P.S.M. 2(0) 1(0) 1(0) 1(1) 1(0) 6(1)
Physical 1(0) 0(0) 0(0) 0(0) 0(0) 1(0) Medicine & Rehabilitation
Anatomy 1(1) 0(0) 0(0) 0(0) 0(0) 1(1)
Physiology 0(0) 1(0) 0(0) 0(0) 0(0) 1(0)
Bio-Chemistry 0(0) 0(0) 1(0) 0(0) 0(0) 1(0)
0(0) 0(0) 0(0) 1(0) 0(0) 1(0) 114(28)49(12) 46(12) 47(12) 45(11) 301(75) B.
DIPLOMA I II III IV V VI D .A. 6(1) 0 6(2) 6(1) 0 1(4) DCH. 6(2) 0 6(1) 6(2) 0
1(5) D.P.H. 6(1) 0 0 0 0 6(1) D.G.O. 6(2) 0 6(1) (0) 0 12(3) D.M.R.D. 6(2) 0
(0) (0) 0 6(2) Total: 30(8) 0 18(4) 12(3) 0 60(1) PG NO 498 Note: The figures
shown in bracket are the seats reserved for being filled up on all India basis
in the year 1988.
facility for the specialities from serial No. 18 to 21 i.e. Anatomy,
Physiology, Bio-Chemistry and Phannacology, are available in all the five
Medical Colleges in Rajasthan. But from the year 1988, the facility in these specialities
will be provided by rotation.
has to be realized that the aggregate marks for all subjects put together is
2750. 5% of these marks would work out to 137.5 marls. In the result a
candidate from the same College will have an advantage of 137 5 marks over
candidates from other Colleges. In Medical courses where there is intense
competition and candidates run neck to neck so often with a difference of a
mark or two. a difference of 137.5 marks by way of College-wise institutional
preference would virtually make a mockery of the merit criteria. A candidate,
say from Jaipur College, who secures 137.5 marks less than a candidate from
Jodhpur, Bikaner, Udaipur or Ajmer will get admission in P.. Course at Jaipur
in preference to the other more meritorious candidates merely because he passed
the M.B.B.S. ;Examination at Jaipur even though all of them secured their marks
at the identical competitive examination to all the Collages. It needs no
argument that Art. 14 is seriously shattered.
filed by the parties in this Court further go to show that some disciplines are
available only in particular Colleges and not in other Colleges. For instance:
M.D. in Physical Medicine and Rehabilitation is available only in S.M.S. College. Jaipur.
T.B. and C.D.' is not available in Ajmer Medical College.
`Skin and V.D.' is not available in Udaipur and Ajmer Colleges.
`Psychiatry' is available only in Jaipur and Bikaner Colleges and not in others
M.D. in 'Radio therapy' is available only in Jaipur and Bikaner and not in
analysis of the data reflected in the aforesaid statement and its impact on the
fortunes of the students PG NO 499 aspiring for the Post Graduate courses
that a student passing his final degree examination in MBBS from Jaipur would
steal a march over the students passing from the remaining four Colleges for
with 5% weightage a student from Jaipur would have a far better chance of
securing admission in a post-graduate course at Jaipur inasmuch as there are as
many as 114 seats at the Jaipur Medical College as compared to the number of
seats ranging between 45 and 49 in each of the remaining Medical Colleges
regardless of the superior merits of students from other colleges.
student passing his final degree examination in M.B.B.S. from Jaipur aspiring
for admission in P.G. course would have a far better chance of securing
admission in the subject of his choice vis-a-vis students from all other
Colleges inasmuch as in each subject the number of seats in the Jaipur College
is much larger than in any of the remaining Colleges regardless of his superior
candidate from any of the four Colleges other than Jaipur College would have
practically no chance of securing admission in certain disciplines such as:
Physical Medicine and Rehabilitation
Anatomy, (subject to rotation after 1988)
etc. regardless of his superior merits.
candidate with special aptitude for a particular discipline would not get
admission in PG course in that discipline unless he belongs to Collage in which
the particular discipline is available regardless of his superior merits.
merit position in relation to the students would also undergo a vast change as
is revealed by the tabular statement reproduced hereunder:
500 Sl. No. Name Merit Position with 5% without 5% Institutional Institutional weightage
weightage S1.No. Name Merit Position
Ashok Kumar GuPta 207 171
Rajeev Ahuja 226 209
Ashwani Kumar Singh 201 162
Ishwar Das 177 131
Ratan Lal Tiwari 215 181
Madhu Sanwal 97 45 The fortunes of the candidates would thus undergo a sea
change. Those who are more meritorious having secured more aggregate marks than
others would not get admission to PG courses anywhere in Rajasthan, whereas
those with lesser merits would get admission by reason of the 5% College-wise
preference. To take the case of the appellants, they having secured aggregate
marks of 1650, 1638, 1624, 1617 and 1613 have not been able to secure admission
in any discipline. As against this candidates have secured much less marks
already secured admission in one or the other of the 5 Medical Colleges. In
order to illustrate the point, the tabular statements reproduced hereinbelow
may be glanced at:
College Aggregate marks of Discipline last candidate allotted Jodhpur 1548 M.D.
(Anaesthesia) Udaipur 1626 M.S. (Surgery) Jaipur 1602 M.D. (Anaesthesia) Bikaner
1622 M.D. (Microbiology) Statement showing list of candidates, less meritorious
(that the appellants)who have secured admission:
501 College Aggregate marks Discipline allotted Jodhpur 1610, M.D. (Medicine) 1605 1601 (Skin & V.D.) 1606,
1595, 1590 1576, 1577 1582, 1570, 1548 M.S. (Surgery) M.S. (Orthopaedics) M .D.
(Anaesthesia) 1638 M. D. (Medicine) 1637, 1635, 1626 M.D. (In TB & CD,)
1629, 1610, 1604 Psychiatry (Skin & V.D.) M.S. (Surgery) 1620 M. S. (Orthopaedics)
1617, 16()3, 1602 M.D. (Anaesthesia) What emerges from the above statements is
that while one of the appellants who has secured 1650 marks in the common
competitive examination has not been able to secure admission in P.G. Course in
any College in Rajasthan, a PG NO 502 candidate who secured about 100 marks
less (1548 marks) in the very same examination has been able to secure
admission, the rest of the appellants havr not been able to secure admission
anywhere though they have demonstrably secured more marks and are more
meritorious than The aforesaid 22 persons. This analysis exposes the extremely
unfair and unjust impact of the impugned rule. This factor coupled with the
four factors highlighted earlier leave no room for doubt that while on the face
of it the impugned rule appears to extend or accord equal treatment of 5 weightage
to the students of each of the five Medical Colleges, in actual operation it
bring, about oppressive and obnoxious inequality. Once the veil of 'apparent
equality is pierced. to the offensive 'reality'. Such being the position the
constitutional validity of the impugned rule cannot be sustained. It has to be
buried unceremoniously as unconstitutional being violate of Art. 14 of the
Constitution of India.
High Court has struck down as unconstitutional the impugned provision embodied
in note (d)(ii) of Ordinance 278-E mainly on the ground that coupled with the
institutional preference accorded under clause (i) it would virtually amount to
making 100% reservation in farour of the students of the Rajasthan University
in the sense that no other student of any other University would have any
reasonable chance to secure admission to these courses. relying in the principle
enunciated in Nidamarti Mahesh Kumar v. State of Maharashtra & Ors., AIR
1980 SC 1362-(1980) 3 SCR 1302, the reasoning is reflected in the following
passage extracted from paragraph 25 of the judgment under appeal:
after having given 5% weightage on the ground of institutional preference that
a candidate has passed his final MBBS Examination from the University of
Rajasthan, further 5% weightage on the ground that he has passed his MBBS final
examination from the Medical College where he seeks admission. in Post Graduate
course, is unreasonable able and arbitrary and does not stand the touchstone of
Article 14 of the Constitution. If ]0% weightage is given as aforesaid it will
come to 275 marks and with this increase in marks no candidate from University
other than University of Rajasthan can get admission to Post Graduate course in
any one of the medical colleges. It is against the equality clause as it
amounts to cent per cent reservation as 105 weightage in admission to Post
Graduate course to a student, 5% weightage on the University basis PG NO 503
and 5% on the institutional basis, amounts to total exclusion of candidates of
other Universities. We have already referred to the admissions for the years
1986 and 1987 and at the cost of repetition we may say that a look at Schedules
`A'and `B' regarding admissions in SMS Medical College, Jaipur in Post Graduate
courses for the years 1986 and 1987 respectively will show that not a single
candidate from the University other than University of Rajasthan could seek
admission. " Since however a number of seats are now (since l988) reserved
in each College for candidates on an All India basis as disclosed by the
tabular statements reproduced in the earlier part of this judgment. we prefer
to rest our decision on the reasoning indicated earlier. These, are the reasons
which impelled us to pass the final order as under on July 21 1988:
appeals fail and are dismissed.
Ordinance 278-E(d)(ii) of the Ordinances of the University of Rajasthan is declared as unconstitutional and
Admissions to the Post Graduate Degree Courses in all the Medical Colleges at
all centres in Rajasthan shall hereafter be made inaccordance with the decision
of the High Court rendered on August 7, 1987 in the Writ Petitions giving rise
to the present appeals which is hereby confirmed.
Future vacancies including unfilled vacancies to the Post Graduate Degree
Courses in all the Medical Colleges in Rajasthan shall hereafter be filled on
the basis that Ordinance 278-E(d)(ii) is invalid provided however that those
students who have been admitted to Post Graduate PG NO 504 courses pursuant to
the interim order of this Court will not be disturbed and will be permitted to
complete their courses.
vacancies may be filled in accordance with and in the light of this order even
at this juncture if it can be so done.
Reasons will follow.
There will be no order as to costs."