- (1.) The core question in this petition is whether the reservation of 75 percent seats of post-graduate course to the students of M.B.B.S. of Institute of Medical Sciences, Benaras Hindu University, Varanasi, (in short' the institute') leaving 25 percent to the general candidates is valid in law and on facts.
(2.) The concept of reservation implies classification of two distinct classes. The classification has been held to be valid provided it satisfies two tests namely, (i) that there is an intelligible differentia which distinguishes persons or things that are grouped together from those left out of the group; and (ii) that there is rational nexus to the object sought to be achieved by the impugned rules. The one group is of those candidates who had passed M.B.B.S. course from their own university and the other group is of those candidates who had passed M.B.B.S. examination from other Universities. The question is what object is sought to be achieved by making such classification and giving preference or making reservation to certain seats to the students who had passed the examination of M.B.B.S. from their own university.
(3.) In D. N. Chanchal etc. v. State of Mysore, AIR 1971 SC 1762, wherein the rule regarding giving of preference to the students of their own university was challenged. The preference given to such students was upheld for reasons as mentioned in the judgment at page 1769 : "Since the universities are set up for satisfying the educational needs of different areas where they are set up and medical colleges are extablished in those areas, it can safely be presumed that they are also so set up to satisfy the needs of medical training to those attached to those universities. In our view, there is nothing undesirable in ensuring that those attached to such universities have their ambitions to have training in specialised subjects like medicine specified through colleges affiliated to their own universities.""Candidates passing through the qualifying examination held by university from a class by themselves as distinguished from those passing through such examination from the other two universities. Such a classification has a reasonable nexus with the object of the rules, namely, to cater to the needs of candidates who would naturally look to their own universities to advance their training in technical studies, such as medical studies. In our opinion, the rules cannot justly be attacked on the ground of hostile discrimination or as being otherwise in breach of Article 14.";