UNION OF INDIA Vs. K. JAYAKUMAR
SUPREME COURT OF INDIA (FROM: MADRAS)
UNION OF INDIA
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(1.)The Union of India is in appeal against the judgment of the Division Bench of the Madras High Court.
(2.)In a public interest litigation the question that arose for consideration is whether the 15% reservation of seats in the medical colleges on the basis of the all-India entrance examination should also contain the provisions of reservation for Scheduled Caste and Scheduled Tribe students. The High Court by a cryptic order without discussing the matter came to the conclusion that the reservation being a constitutional mandate, it would be for the Government to follow the same in future and the writ petition was disposed of accordingly.
(3.)Learned ASG appearing for the Union of India contended before us that the 15% seats on the basis of all-India entrance examination in respect of the medical colleges in the country, excepting the States of Andhra Pradesh and J&K, as has been indicated in Dinesh Kumar (Dr.) (II) case, Dinesh Kumar (Dr.) (II) v. Motilal Nehru Medical College, 1986 3 SCC 727, in pursuance of a specific direction of this Court. He further contended that this question as to whether the 15% of seats on the basis of all-India entrance examination should also follow the reservation has already been considered by this Court in Union of India v. R. Rajeshwaran, 2003 9 SCC 294 and following the earlier judgment of this Court in Dinesh Kumar (Dr.) (II) v. Motilal Nehru Medical College, 1986 3 SCC 727 it has been categorically held that the provisions of reservation will have no application to the 15% quota meant for admission on the basis of all-India entrance examination.
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