- (1.) When Special Leave Petition (Civil) No. 2106 of 2002, filed by the Faculty Association of AIIMS, was taken up for consideration, notice thereupon was issued by a Bench of Two-Judges and it was stipulated that any appointment to be made, after the order was passed in accordance with the reservation policy, would only be tentative in nature until further orders. When the Appeal was taken up for hearing on 20th February, 2003, along with Civil Appeal No. 5119 of 2002, considering the important nature of the issues involved for determination in the said cases, as also the recurring nature of the problem, it was thought appropriate that the matters be heard by a larger Bench. Thereafter, on 12th February, 2004, a Bench of Three-Judges headed by the Chief Justice was of the view that the matters involved substantial questions of law as to the interpretation of the Constitution and were required to be heard by a Bench of Five-Judges. It is pursuant to such direction that the matter appeared before the Bench of Five-Judges on several occasions and ultimately they were listed before a Bench of Five-Judges on 2nd July, 2013.
(2.) Although the matter is now before a Bench of five Judges, the terms of reference are not very clear. From what we have been able to gather from the pleadings and the judgment of the Division Bench of the High Court, the question to be considered is whether reservation was inapplicable to specialty and super-specialty faculty posts in the All India Institute of Medical Sciences, hereinafter referred to as "AIIMS". Faced with the decisions of this Court in the case of Indra Sawhney Vs. Union of India & Ors., 1992 Supp3 SCC 215; Jagdish Saran & Ors. Vs. Union of India & Ors., 1980 2 SCR 831; and Dr. Pradeep Jain etc. Vs. Union of India & Ors. etc., 1984 3 SCR 942, wherein reservation in admission to specialty and super-specialty courses was disallowed, the Division Bench of the High Court confined itself to the limited issue, namely, whether reservation policy was inapplicable for making appointments to the entry level faculty post of Assistant Professor and to super specialty posts and also whether the resolutions adopted by AIIMS on 11.1.1983 and 27.5.1994 were liable to be struck down.
(3.) Appearing for the Petitioner, Mr. P.P. Rao, learned Senior Advocate, firstly referred to the statement of objects and reasons of the All India Institute of Medical Sciences Act, 1956, which provides as follows : "For improving professional competence among medical practitioners, it is necessary to place a high standard of medical education, both post- graduate and under-graduate, before all medical colleges and other allied institutions in the country. Similarly, for the promotion of medical research it is necessary that the country should attain self- sufficiency in post-graduate medical education. These objectives are hardly capable of realisation unless facilities of a very high order for both undergraduate and post-graduate medical education and research are provided by a central authority in one place. The Bill seeks to achieve these ends by the establishment in New Delhi of an institution under the name of the All-India Institute of Medical Sciences. The Institute will develop patterns of teaching in under- graduate and post-graduate medical education in all its branches so as to demonstrate a high standard of medical education to all medical colleges and other allied institutions, will provide facilities of a high order for training of personnel in all important branches of health activities and also for medical research in its various aspects. The Institute will have the power to grant medical degrees, diplomas and other academic distinctions which would be recognised medical degrees for the purpose of the Indian Medical Council Act, 1933." ;