B. P. Jeevan Reddy, J. - (1.) Permissibility of providing reservations under clause (4) of Article 15 of the Constitution of India in post-graduate medical course is the issue raised in these appeals. The State of Bihar issued a prospectus relating to Post-Graduate Medical Admission Test, 1992 providing inter alia reservation in favour of socially and educationally backward classes, Scheduled Castes, Scheduled Tribes and women. The percentages reserved are scheduled Castes - 14%, Scheduled Tribes - 10%, extremely backward classes - 14%, backward classes- 9% and ladies - 3%. The appellants questioned the aforesaid provision for reservation by way of two writ petitions in the Patna High Court. The writ petitions were dismissed whereupon they have approached this Court by way of these appeals. The Indian Medical Council has filed an affidavit in these proceedings putting forward its point of view in the matter. It has supported the appellants stand.
(2.) Sri Vikas Singh, learned Counsel for the appellants urged the following contentions : (1) Article 15(4) does not speak nor does it permit reservation of seats in educational institutions. While certain preferences and concessions can be given, reservation of seats is outside the purview of Article 15(4). (2) Even if Article 15(4) permits reservation of seats, such reservation must contribute to the advancement of the society and should not be detrimental to the interests of society. Reserving as much as 50% seats in post-graduate medical courses is certainly detrimental to the interests of the society. The society would be saddled with less competent and less efficient doctors to the extent of half the number available. (3) Inasmuch as substantial amount is paid by way of stipend to post-graduate students, admission to such course is in effect an appointment to a post. The post-graduate course in medicine is thus a promotional post for doctors who have completed M.B.B.S. course. It has been held by this Court in Indra Sawhney vs. Union of India, JT 1992 (6) SC 273, that no reservations are permissible in the matter of promotion. (4) The Regulations made by the Indian Medical Council prohibit reservation of seats in post-graduate medical courses on any ground whatsoever. The Regulations being statutory prevail over the executive orders made by the Government of Bihar in exercise of its executive power.
(3.) We shall proceed to deal with the contentions in the order they are urged.;