- (1.) This Court in Pradeep Jain (Dr.) v. Union of India, 1984 3 SCC 654, directed that out of the postgraduate seats to be filled up by the various colleges in India, 50% of the seats shall be admitted on the basis of All-India Entrance Examination. It was directed that out of the total number of seats, 50% of the open seats shall be filled up by All-India Entrance Examination.
(2.) Thereafter in Dinesh Kumar (Dr.) v. Motilal Nehru Medical College, 1985 3 SCC 22; it was explained: (SCC p. 28, para 5) "5. That is a total misreading of our judgment. What we have said in our judgment is that after providing for reservation validly made, whatever seats remain available for non-reserved categories, 30% of such seats at the least, should be left free for open competition and admission to such 30% open seats should not be based on residence requirement or institutional preference but students from all over the country should be able to compete for admissions to such 30% open seats. To take an example, suppose there are 100 seats in a medical college or university and 30% of the seats are validly reserved for candidates belonging to Scheduled Castes and Scheduled Tribes. That would leave 70 seats available for others belonging to non-reserved categories. According to our judgment, 30% of 70% seats, that is, 21 seats out of 70 and not 30% of the total number of 100 seats, namely, 30 seats, must be filled up by open competition regardless of residence requirement or institutional preference."
(3.) And in Dinesh Kumar (Dr.) (II) v. Motilal Nehru Medical College, 1986 3 SCC 727; it was clarified: (SCC p. 733, para 5) "5. that not less than 25 per cent of the total number of seats without taking into account any reservations, shall be made available for being filled on the basis of All-India Entrance Examination. This suggestion of the Government of India deserves to be accepted and the objection to it must be overruled.";