SUBODH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The three petitioners, namely, Dr. Subodh Kumar, Dr. Mahesh Hembram and Dr. Manju Kumari, have joined this writ petition seeking a common relief for enforcing the policy of reservation for the category of Scheduled Caste and Scheduled Tribes for admission to the All India Entrance Examination for the Post Graduate Courses conducted by All India Institute of Medical Sciences (hereinafter referred to as 'AIIMS'). The three petitioners are members of the Scheduled Caste.

(2.) According to the writ petition, the Government of India has formulated a scheme for admission to the Post Graduate courses in medical colleges of all the State Governments as well as the Union of India including AIIMS. Each medical college is required to contribute 50% of its total seats of the PG Courses to the central pool the entrance test of which is conducted by AIIMS and the students are admitted as per the merit list prepared by it. This was perhaps with the intention to standardize medical education all over the country and was perhaps also in the interest of national integration. The petitioners raise a grievance before this Court that the respondent authorities in violation of its statement in the prospectus for reservation of seats in PG Courses of Medical Sciences in favour of Scheduled Castes and Scheduled Tribes, declining to enforce the promise with respect to the entrance test in question. The first year of the course coincides with the year 2005-2006. It is, therefore, prayed that the respondent authorities should be directed to reserve half of 22.5% of the seats of the central pool for admission to the PG Courses after taking into account Clause 10 of the prospectus (Annexure 1).

(3.) The respondents have placed on record two sets of counter affidavits wherein they have set up a common case opposing the writ petition. One counter affidavit has been filed by respondent Nos. 1 to 3, sworn by Assistant Director General, Directorate General of Health Services, Ministry of Family Welfare, Government of India, and the other one is from respondent No. 4, sworn by the Director of AIIMS.