- (1.) Several applications have been filed seeking clarifications in, and/or directions for implementing, the judgment of this Court dated November 4, 2003 in W.P. (C) No. 29 of 2003 Saurabh Chaudri and others v. Union of India and others and connected cases (since reported as (2003) 11 SCC 146).
(2.) The issue arising for decision was : whether any reservation, be it based on residence or on institutional preference, is constitutionally permissible in PG courses of study. The conclusions arrived at by the Court may briefly be summed up as under :- (1) All India quota of PG seats should be 50% (instead of 25% as prevailing hitherto) which should be filled up by common entrance test. (2) The original scheme as framed by this Court in Dr. Pradeep Jain's case (1984) 3 SCC 654 should be continued unless replaced by a Central Legislation in preference to the scheme laid down by this Court in Dr. Dinesh Kumar's case (1986) 3 SCC 727. (3) Institutional preference to be given to medical students for the purpose of admission against PG seats in All-India Institute of Medical Sciences should remain confined to 50% of the total seats in MBBS and the decision of this Court AIIMS Students Union v. AIIMS (2002) 1 SCC 428 should continue to hold the field.
(3.) The examination for admission against All-India quota seats is conducted by All India Institute of Medical Sciences (hereinafter, 'AIIMS'). The prospectus for holding All India Entrance Examination for MD/MS/PG Diploma and MDS Courses, 2004 was issued by the AIIMS and was available for sale on and from Sept. 22, 2003. Therein it was declared that the competitive entrance examination on All-India basis was being held for admission to 25% open merit seats in various post-graduate courses. Public advertisement in this regard was issued on September 16, 2003. The last date for receipt of applications was October 27, 2003. The examinations were held on January 11, 2004. The result was declared on March 4, 2004. The AIIMS commenced counselling for the purpose of allotting 25% PG seats. At this point of time, several applications have come to be filed. IA No. 8 of 2004 has been filed by the Union of India submitting that it would be proper to confine the percentage of seats for the All-India quota to 25%, i.e., the percentage based whereon the process for selection and admission had already commenced before the date of judgment of this Court. There are several other similar applications filed by a few students who have applied for admission against quotas other than All-India quota. I.A. No. 7 of 2004 has been filed by a batch of students seeking admission against All-India quota for directing the Union of India to make available 50% seats under the All-India quota consistently with the judgment of this Court. There are other similar applications.;