DINESH KUMAR II Vs. MOTILAL NEHRU MEDICAL COLLEGE ALLAHABAD

JUDGEMENT

(1.) THE main judgment in this case was delivered by us on 22/06/1984 (reported in AIR 1984 SC 1420) and we held in that judgment that "wholesale reservation made by some of the State Governments on the basis of 'domicile' or residence requirement within the State or on the basis of institutional preference for students who have passed the qualifying examination held by the University or the State, excluding all students not satisfying this requirement, regardless of merit" was unconstitutional and void as offending the equality clause of the Constitution. But after condemning such wholesale reservation, we proceeded to observe that the very mandate of the equality clauses viewed in the perspective of social justice, would justify some extent of reservation based on residence requirement within the State or on institutional preference for students passing the qualifying examination held by the University or the State and addressing ourselves to the question to what extent such reservation might be regarded as constitutionally permissible, we said :

(2.) WE thought that pursuant to this judgment delivered by us, the Government of India and the Indian Medical Council would make the necessary arrangements for holding an All-India Entrance Examination for selection of students so far as the minimum 30 per cent non-reserved seats for the MBBS Course and the minimum 50 Per Cent non-reserved seats for the Post-graduate course were concerned. But, no steps were taken by the Government of India or the Indian Medical Council for holding such an All-India Entrance Examination and we had. therefore, to give a direction to the Indian Medical Council to come forward with a positive scheme for holding All-India Entrance Examination for regulating admissions to the minimum 30 per cent non-reserved seats for the MBBS Course and the minimum 50 Per Cent non-reserved seats for the Post-graduate course, so that admissions to these minimum non-reserved seats may be made on the basis of comparative evaluation of merit of the students through such All-India Entrance Examination. WE also pointed out in a subsequent judgment delivered by us on 1/05/1985 (reported in AIR 1985 SC 1059) that the All-India Entrance Examination should be conducted in at least one centre in each State and that "having regard to the size of the population. the number of students seeking admission and the extent of the geographical area of the State, it might be desirable to have more than one centre in some State or States both in regard to admissions to the Post-graduate courses as also in regard to admissions to the MBBS Course." It seems that pursuant to the directions given by us, a scheme for holding All-India Entrance Examination for admission to the minimum 30 Per Cent non-reserved seats for the MBBS/BDS Course as well as for admission to the minimum 50 Per Cent non-reserved seats for the Post-graduate course was formulated by the Medical Council of India and it was circulated amongst the various State Governments. Some of the State Governments including the University of Bombay put forward certain difficulties in the implementation of the scheme as suggested by the Medical Council of India. WE felt that it was necessary to iron out these difficulties at a representative meeting and hence by an Order made on 16/09/1985. we directed the Government of India Ministry of Health to immediately proceed to convene a meeting of the Deans of the Faculties of Medicine of various Universities in the country and the representatives of the State Governments and of the Medical Council of India and the Dental Council of India for the purpose of considering the scheme put forward by the Medical Council of India and carrying out such modifications in the scheme as may be expedient and also, if necessary evolving a new scheme. so that the All-India Entrance Examination both for the MBBS and BDS Courses as also for the Post-graduate courses is held in a manner which will cause the least amount of hardship and inconvenience to the students and at the same time, implement the directions in our judgment dated 22/06/1984 (reported in AIR 1084 SC 1420) as modified by the subsequent judgment dated 1/05/1985 (reported in AIR 1985 SC 1059). WE also directed that this meeting shall be convened by the Ministry of Health. Government of India within one month and a detailed scheme for the All-India Entrance Examination for the MBBS/BDS and Postgraduate Courses shall be submitted before the next date of hearing of the writ petitions. WE also gave a direction that "the meeting will ... consider whether the All-India Entrance Examination should be held by the Medical Council of India or by any other appropriate authority or body to be set up for that purpose" and "the meeting will evolve a common syllabus for the All-India Entrance Examination and will also work out the financial aspects of holding an All-India Entrance Examination". The Government of India was directed to provide the necessary finances for the purpose of holding the All-India Entrance Examination.

(3.) ANOTHER objection raised on behalf of some of the State Governments and particularly the State of Tamil Nadu related to the following suggestion made in the Scheme submitted by the Government of India :