PETITIONER:
DINESH KUMAR & ORS.
Vs.
RESPONDENT:
MOTILAL NEHRU MEDICAL COLLEGE, ALLAHABAD & ORS 13
DATE OF JUDGMENT21/07/1986
BENCH:
BHAGWATI, P.N. (CJ)
BENCH:
BHAGWATI, P.N. (CJ)
MISRA RANGNATH
CITATION:
1986 AIR 1877 1986 SCR (3) 345
1986 SCC (3) 727 JT 1986 97
1986 SCALE (2)188
CITATOR INFO :
D 1990 SC 851 (3)
RF 1992 SC1475 (3)
ACT:
Professional Colleges-Admission to Medical Colleges-
Graduate and Post-Graduate Courses-Reservation of seats-
Holding of All-lndia Entrance Examinations-No weightage for
rural service in admission to Post-Graduate Courses.
HEADNOTE:
By its main judgment in the case, the Court on 22nd
June 1384 fixed the outer limit of reservation of seats in
the medical colleges in the State for admission to the MBBS
and BDS courses at 70 per cent. In respect of the resultant
30 per cent of the open seats thus available for admission
of students on All India basis irrespective of the State or
University from which they come, it directed that such
admission shall be granted purely on merit on the basis of
either an All India Entrance Examination or entrance
examination to be held by the State. In regard to admission
to post-graduate courses such as MD, MS and the like, taking
note of the institutional preference it took the view that
such reservation should not in any event exceed SO per cent
of the total number of open seats available for admission.
On the failure of the Government of India and the
Indian Medical Council to make necessary arrangements for
holding an All-lndia Entrance Examination, the Court
directed the Indian Medical Council to come forward with a
scheme of examination for regulating admission to non-
reserved seats for the above courses.
Pursuant to a direction of the Court given on September
16, 1985 the Ministry of Health, Government of India
convened a meeting of the Deans of Medical Faculties of
various Universities, Health Secretaries of various State
Governments, the representatives of the Medical Council of
India, Dental Council of India, National Board of
Examinations, National Academy of Medical Sciences and the
Central Board of H
346
Secondary Education to consider the scheme prepared by the
Medical Council of India, which was then modified and
redrafted.
When the revised scheme submitted by the Government of
India was taken up for consideration counsel for various
State Governments made their submissions pleading for
certain changes in the scheme.
^
Modifying the main judgment, the Court directed:
1. The All-India Entrance Examination should be held in
the English language. Since the medium of instruction in the
MBBS/BDS course and post-Graduate courses is in English and
the entire medical education is being imparted in the
English language throughout the country, and it is not
practically feasible to hold the All-India Entrance
Examination in diverse regional languages. [354A-B]
2.1 To be fair and just and to bring about real
equality of opportunity in admission to the MBBS/BDS course
without placing the students in one State in an advantageous
or disadvantageous position as compared to the students in
another State not less than 15 per cent of the total number
of seats in each medical college or institution, without
taking into account any reservations validly made, shall be
filled on the basis of All-India Entrance Examination, in
modification of the formula adopted in the main judgment.
[355F-G]
2.2 The same formula must apply also in regard to
admissions to the post-Graduate courses, and instead of
making available for admission on all-India basis 50 per
cent of the open seats, after taking into account
reservations validly made, 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.
3. The students from the States of Andhra Pradesh and
Jammu and Kashmir should not be entitled to appear in the
All-India Entrance Examination, unless these States agree to
make not less than 15 per cent of the total number of seats
for the MBBS/BDS course and not less than 25 per cent of the
total number of seats for the post-graduate courses in their
respective medical colleges or institutions available for
admission on the basis of All-lndia Entrance Examination.
4. The syllabus for the All-India Entrance Examination
framed
347
by the Medical Council of India and accepted by the
Government of A India and all the State Governments. except
the State of Maharashtra. is approved. The Education
Department of each State as also the Board of Secondary
and/or Higher Secondary Education in each State to suitably
amend its syllabus or course for the 12th year so as to
bring it in line with the syllabus approved, so that the
students passing the qualifying examination of 12th year may
be properly equipped to face the All-India Entrance
Examination. Adoption of a common syllabus at + 12 level
throughout the country for the sake of uniformity in the
educational pattern is desirable.
5. Until an independent statutory body to conduct All-
lndia Entrance Examinations, both for the MBBS BDS course
and the Post- graduate courses is set up, the Central Board
of Secondary Education to hold the All-India Entrance
Examination for admission to the MBBS/ BDS course. The
Government of India to provide the necessary finance for
holding such examination. The Government of India also to
arrange for the conduct of the All India Entrance
Examination for post-graduate courses by the All-lndia
Institute of Medical Sciences and to provide the necessary
facilities and finance. If for any reason, the All India
Institute of Medical Sciences is not prepared to undertake
the task, the Government of India may entrust this task to
the Medical Council of India.
6. The scheme of the All-India Entrance Examinations
necessarily to be confined to medical colleges or
institutions rum by the Union of India or a State Government
or a Municipal or other local authority. The medical
colleges or institutions excepted from the operation of the
judgment dated 22nd June 1984 will continue to remain
outside the scope of the scheme.
7. The All-lndia Entrance Examination for the MBBS BDS
course shall be held once in a year which may commence at
any time between 15th July and Ist of August every year. One
more date added to para 14 of the scheme, namely the result
of the All-lndia Entrance Examination shall be declared
sometime between 15th and 20th June. A list of successful
candidates shall be prepared in order of merit and it shall
comprise the names of as many students as the number of
vacant seats available for admission, plus 10 per cent more,
and there shall also be a waiting list. The students shall
be entitled to appear at the All-lndia Entrance Examination
even if the result of the qualifying examination has not yet
been declared. H
348
8.1 There should be only one All-lndia Entrance
Examination for the post-graduate courses in a year, for
which general announcement to be made in the last week of
November, application forms to be made available by post
till 10th January, from cash counter till 20th January. Iast
date for receiving application forms 31st January,
competitive test in middle of March, and result to be
declared in the first week of May. Every student who has
passed his MBBS Examination shall be eligible for appearing
at this examination even though he has not completed his
compulsory rotating internship practical training, but he
shall not be entitled to be admitted until he has completed
such internship or practical training and obtained
registration either from the Medical Council of India or a
State Medical Council.
8.2 Admissions to post-graduate courses for the
academic year commencing in 1387 may be given on the basis
that the judgment dated 22nd June, 1384 does not govern such
admissions, but an All-lndia Entrance Examination would have
to be held in 1387 for the students who would be passing
MBBS Examination in the end of 1986 and who would be
completing their compulsory rotating internship/practical
training in the end of 1387 and seeking admission to post-
graduate courses for the academic year commencing in 1988.
However, it would be open to a student to appear at the All
India Entrance Examination even after he has completed his
compulsory rotating internship/practical training and he
would be entitled to compete for admission to postgraduate
courses for the academic year immediately following the
completion of his internship or practical training.
9. No weightage should be given to a candidate for
rural service rendered by him. So far as admissions to post-
graduate courses are concerned, when selection of candidates
is being made for admission on an All-India basis, no factor
other than merit should be allowed to tilt the balance in
favour of a candidate.
10. Directions not to be construed in a manner
prejudicing or affecting or detracting from any rule,
regulation or other provision entitling students from other
States, including the States of Andhra Pradesh and Jammu and
Kashmir, to be considered for admission to the remaining 85
per cent and 75 per cent seats for the MBBS/BDS course and
post-graduate courses respectively.
11. The (Government of India to consider setting up
Regional Institutes of Medical Sciences where admission
would be open to stu-
349
dents from all over the country. If such institutes are set
up providing A opportunity to students from all over the
country to compete for admission on the basis of merit, it
may become unnecessary to reserve IS per cent of the total
number of seats for admission to the MBBS/BDS course and 25
per cent of the total number of seats for admission to
postgraduate courses in each medical college or institution
on the basis of All India Entrance Examination.
JUDGMENT:
ORIGINAL JURISDlCTION: Writ Petition (Civil) Nos. 348-
352 of 1985
Under Article 32 of the Constitution of India.
P.P. Singh, M. Veerappa, P.H. Parekh, B.D. Sharma,
N.M.Ghatate, R.N. Poddar, M.N. Shroff, Madan Lokur, Mrs. S.
Dixit, Surya Kant, R.C. Verma, L.K. Pandey, D.N. Mukherjee,
A.S.Bhasme, S.K. Nandy and A.V. Rangam for the appearing
parties.
The Judgment of the Court was delivered by
BHAGWATI, CJ: The main judgment in this case was
delivered by us on 22nd June 1984 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 clause 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: G
“It is not possible to provide a categorical
answer to this question, for as pointed out by the
policy statement of the Government of India, the
extent of such reservation would depend on several
factors including opportunities for professional
education in that particular area, the extent of
350
competition, level of education development of the
area and other relevant factors. It may be that in
a State where the level of educational development
is woefully low, there are comparatively
inadequate opportunities for training in the
medical speciality and there is large scale social
and economic backwardness, there may be
justification for reservation of a higher
percentage of seats in the medical colleges in the
State and such higher percentage of seats in the
medical colleges in the State may not militate
against “the equality mandate viewed in the
perspective of social justice”. So many variables
depending on social and economic facts in the
context of educational opportunities would enter
into the determination of the question as to what
in the case of any particular State, should be the
limit of reservation based on residence
requirement within the State or on institutional
preference. But, in our opinion, such reservation
should in no event exceed the outer limit of 70
per cent of the total number of open seats after
taking into account other kinds of reservations
validly made. The Medical Education Review
Committee had suggested that the outer limit
should not exceed 75 per cent but we are of the
view that it would be fair and just to fix the
outer limit at 70 per cent. We are laying down
this outer limit of reservation in an attempt to
reconcile the apparently conflicting claims of
equality and excellence.”
We pointed out that in the result at least 30 per cent of
the open seats shall be available for admission of students
on All India basis irrespective of the State or University
from which they come” and directed that “such admissions
shall be granted purely on merit on the basis of either All
India Entrance Examination or entrance examination to be
held by the State”. This was the decision given by us in
regard to admissions to the MBBS and BDS courses. We then
proceeded to discuss the question of admissions to post-
graduate courses such as MD, MS and the like and taking into
account broader considerations of equality of opportunity
and institutional continuity in education which has its own
value and relevance, we took the view that though residence
requirement within the State should not be a ground for
reservation in admissions to Post-Graduate courses, a
certain percentage of seats may be reserved on the basis of
institutional preference in the sense that a student who has
passed MBBS-course from a Medical College may be given
preference for admission to Post
351
Graduate course in the same Medical college or University,
but such reservation on the basis of institutional
preference should not in any event exceed 50 per cent of the
total number of open seats available for admissions to the
Post-graduate course.
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 nonreserved seats for the MBBS
course and the minimum 50% nonreserved 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% nonreserved seats for 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 1st May 1985 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% non-reserved seats for the
MBBS/BDS course as well as for admission to the minimum 50%
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 16th
September 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
352
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 22nd
June 1984 as modified by the subsequent judgment dated 1st
May 1985. 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 Post Graduate
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.
Pursuant to this direction given by us in our Order
dated 16th September 1985, a meeting was convened by the
Ministry of Health, Government of India for considering the
scheme prepared by the Medical Council of India for holding
All-India Entrance Examination for the MBBS/BDS and Post
Graduate courses and this meeting was attended by the Deans
of Medical Faculties of various Universities, Health
Secretaries of various State Governments, the
representatives of the Medical Council of India, Dental
Council of India, National Board of Examinations, National
Academy of Medical Sciences and Central Board of Secondary
Education and at this meeting the representatives of the
Ministry of Education and the Ministry of Law were also
invited to express their opinion. The scheme submitted by
the Medical Council of India and circulated amongst various
State Governments and Deans of Medical Faculties and others
was considered at length at this meeting and in the light of
the discussions held at the meeting the scheme was modified
and redrafted and the scheme so modified and redrafted was
submitted by the Government of India to the Court for
acceptance along with a Memorandum setting out the revised
scheme as Annexure III and pointing out certain difficulties
set forth by some of
353
the participants. The learned counsel for various State
Governments appeared before the Court when the revised
scheme was taken up for consideration and they made their
submissions pleading for certain changes in the scheme. We
shall proceed to consider these submissions and deal with
them.
The first objection raised on behalf of some of the
State Governments was in regard to the language in which the
All-India Entrance Examination should be held for admission
to minimum 30% nonreserved seats for the MBBS/BDS course and
minimum 50% nonreserved seats for the post-graduate courses.
The Medical Council of India in the revised scheme suggested
that the All-India Entrance Examination should be held in
the English language but it was contended on behalf of some
of the State Governments that it should be held in the
regional languages and some of the State Governments in the
Hindi belt submitted that an option should be given to the
students to answer the question papers either in English or
in Hindi. We are afraid we cannot accede to this suggestion
made on behalf of some of the State Governments. We do not
think that at the present stage it would at all be
practicable to hold the All-India Entrance Examination in
any language other than English. The medium of instruction
in the MBBS/BDS course as also in the post-graduate courses
in all Medical colleges and institutions in the country is
English. The statutory regulations of the Medical Council of
India in regard to under-graduate medical education also
prescribe that the medium of instruction for the MBBS course
shall be English. Moreover, there would be immense practical
and logistic difficulties in holding the All-India Entrance
Examination in different regional languages which are many
and varied and if only Hindi is allowed as an alternative
language in which the All-India Entrance Examination may be
held, there would be vehement opposition from some of the
States whose regional language is other than Hindi and they
would insist that the All-India Entrance Examination should
also be held in their respective regional languages. Of
course, we do recognise that in order to strengthen the
unity and integrity of the country and promote mobility from
one State to another and to avoid creating a situation where
an Indian from one State will be a stranger in another State
it is necessary that there should be one common language
which should operate as a link language and particularly men
in public life, professionals, intellectuals, academics and
the like should know such link language and some day,
hopefully, with the consensus of the people, Hindi might
become such link language, but as the matter stands today
since the medium of
354
instruction in the MBBS/BDS course and post-graduate courses
is in English and the entire medical education is being
imparted in the English language throughout the country and
it is not practically feasible to hold the All-India
Entrance Examination in diverse regional languages, we are
of the view that for the present at least, the All-India
Entrance Examination should be held in the English language.
We do not think that even for students who have passed the
qualifying examination with regional language as their
medium of instruction there would be any difficulty in
facing the examination because they are bound to have some
knowledge of English as a language of comprehension for
otherwise they would not be able to pursue the medical
course in English language and moreover the All-India
Entrance Examination being an objective test, it would not
require close familiarity with the English language.
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:
“It was felt that the judgment of the Supreme
Court by which 30% of the open seats for admission
to MBBS/BDS courses were to be arrived at after
taking into account the reservations validly made
(which term has not been defined) provides enough
scope to the State Governments to increase the
number of reserved categories, thereby
contributing lesser number of seats for being
filled on All India basis.”
The objection raised by these State Governments was two-
fold. Firstly, it was contended that the suggestion that 15%
of the total seats available for admission to MBBS/BDS
course without taking into account any reservations which
may be made by the State Government, would tend to produce
inequality of opportunity for admission to students in
different States since the percentage of reservations varied
from State to State and secondly, it was urged that the
proposal of the Government of India that valid reservations
should not exceed 50% of the total number of seats available
for admission, will reduce the opportunities which were at
present available to Scheduled Castes, Scheduled Tribes and
backward classes as a result of reservations exceeding 50%
of the total seats made in some of the States and
particularly in the State of Tamil Nadu where the
reservations exceed
355
60%. We agree with the second objection raised on behalf of
some of the State Governments but so far as the first
objection is concerned, we do not think it is well-founded.
There can be no doubt that if in each State, 30% of the
seats were to be made available for admission on the basis
of All-India Entrance Examination after taking into account
reservations validly made, the number of seats which would
be available for admission on the basis of All-India
Entrance Examination would vary inversely with the
percentage of reservations validly made in that State. If
the percentage of reservations is high as in the State of
Tamil Nadu or the State of Karnataka, the number of seats
available for admission on the basis of All-India Entrance
Examination would be relatively less than what would be in a
State where the percentage of reservations is low. There
would thus be total inequality in the matter of making
available seats for admission on the basis of All-India
Entrance Examination. It would be open to a State Government
to reduce the number of seats available for admission on the
basis of All-India Entrance Examination by increasing the
number of reserved categories or by increasing the
percentage of reservations. We therefore agree with the
Government of India that the formula adopted by us in our
main Judgment dated 22nd June 1984 for determining the
number of seats which should be made available for admission
on the basis of All-India Entrance Examination should be
changed. We would direct, in accordance with the suggestion
made in the Scheme by the Government of India, that not less
than 15% of the total number of seats in each medical
college or institution, without taking into account any
reservations validly made, shall be filled on the basis of
All-India Entrance Examination. This new formula is in our
opinion fair and just and brings about real equality of
opportunity in admissions to the MBBS/BDS course without
placing the students in one State in an advantageous or
disadvantageous position as compared to the students in
another State. The same formula must apply also in regard to
admissions to the post-graduate courses and instead of
making available for admission on all-India basis 50% of the
open seats after taking into account reservations validly
made, we would direct that not less than 25% 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.
But so far as the second objection is concerned, we
think there is merit in it. We do not think that it would be
right for us to limit the
356
reservations which can be validly made by a State Government
in the matter of admission to the MBBS/BDS course and the
post-graduate courses to 50% of the total number of seats.
There are some States like Tamil Nadu and Karnataka which
have reservations far exceeding 50% in admissions to
MBBS/BDS course and we do not propose to restrict such
reservations to 50%. When we say that we do not propose to
limit the percentage of reservation to 50 as suggested by
the Government of India we should not be understood as
laying down that the State Government may make reservations
to any extent it likes or that the percentage of
reservations can validly exceed 50 without violating any
constitutional guarantees. We are not going into this
question because it does not directly arise for
determination in this case. We may however point out that
there is a considerable body of opinion in favour of the
view that too large a percentage of reservations has the
effect of not only stifling the opportunities of really
brilliant students who do not belong to the reserved
categories and creating a certain amount of frustration
leading to class antagonism but also prejudicially affecting
the quality and efficiency of the medical services available
to people, particularly in the field of higher medical
education such as the post graduate courses. There is on the
other hand an equally powerful lobby which holds that
reservations must be made in proportion to the population of
Scheduled Castes, Scheduled Tribes and backward classes,
because these classes of people have been subjected to
oppression and exploitation and have been deprived of all
opportunities of education and advancement since a long time
and unless reservations are made in their favour and they
are given proper opportunities by a process of reverse
discrimination, they will never be able to take their place
in society on an equal footing with others and it is only by
wiping out injustice which has been done to them for long
long years, by making reservations in their favour that we
shall be able to build a truly egalitarian society. It is
the firm belief of those who propound this view that the
theory that resevations carried beyond a certain limit
affect the quality and efficiency of the medical services is
nothing but an elitist myth which is put forward in order to
perpetuate the vested interests. These rival arguments raise
an interesting question of social policy which may have to
be decided by this Court at some future point of time but we
do not think that in the context of the present case it
would be right for us to enter upon a consideration of this
question.
The next question raised on behalf of some of the State
Governments was that since the States of Andhra Pradesh and
Jammu &
357
Kashmir have been exempted from the operation of the main
Judgment dated 22nd June 1984 and these two States would not
be liable to set apart seats for admission on the basis of
All India Entrance Examination and students from other
States would not be entiled to compete for admission to the
MBBS/BDS and post graduate courses in the medical colleges
and institutions in these two States, the students from
these two States should likewise not be entitled to appear
in the All India Entrance Examinattion held for admission to
the MBBS/BDS course and post graduate courses in the other
States. Otherwise the result would be that the students from
these two States would have an advantage over the students
from other States, because they would have all the seats in
the medical colleges and institutions in their own State
available to them for admission without sharing even a few
seats with students from other States and in addition, they
would be entitled, on the basis of All India Entrance
Examination, to secure admission to seats in the medical
colleges and institutions in the other States whereas the
students from the other States would not be entitled to the
opportunity to secure admission in the medical colleges and
institutions in the State of Andhra Pradesh and Jammu &
Kashmir and this would clearly amount to denial of equality
of opportunity. There is in our opinion great force in this
contention. If the students from the other States are not
entitled to compete for admission to the medical colleges
and institutions in the States of Andhra Pradesh and Jammu &
Kashmir, it would clearly be inequitous to allow the
students from the States of Andhra Pradesh and Jammu &
Kashmir to compete for admission in the medical colleges and
institutions of the other States. The lack of reciprocity
would plainly and inevitably result in inequity and giving
of undue advantage to students from the States of Andhra
Pradesh and Jammu & Kashmir as against the students from the
States of Andhra Pradesh and Jammu & Kashmir should not be
entitled to appear in the All India Entrance Examination,
unless the States of Andhra Pradesh and Jammu & Kashmir
agree to make not less than 15% of the total number of seats
for the MBBS/BDS course and not less than 25% of the total
number of seats for the post graduate courses in their
respective medical colleges or institutions available for
admission on the basis of All India Entrance Examination.
The question then raised was in regard to the syllabus
for the All India Entrance Examination. The syllabus as
framed by the Medical Council of India was circulated
amongst the various authorities and ultimately it was
finalised at the meeting convened by the Ministry of
358
Health, Government of India as directed by our Order dated
16th September 1985. Though the participants in the meeting
were requested to send their comments in regard to the
syllabus within 10 days for the consideration of the
Government of India, no State except Maharashtra sent its
comments. The comments offered by the State of Maharashtra
were duly considered but since the alterations in the
syllabus suggested by the State of Maharashtra were too
many, it was decided to retain the syllabus as formulated.
We approve of this syllabus since it has been accepted by
the Medical Council of India, the Government of India and
all the State Government except the State of Maharashtra
which also did not make any submissions to the Court at the
hearing of this case. Since as a result of the direction
given by us on 2nd May 1986 our judgment dated 22nd June
1984 is going to be operative only with effect from the
academic year commencing in 1987 and the first All India
Entrance Examination for admission to the MBBS/BDS course
would be held only in June 1987, we would request the
Education Department of each State as also the Board of
Secondary and/or Higher Secondary Education in each State to
take note of this syllabus which we have approved for the
All India Entrance Examination and to suitably amend its
syllabus or course for the 12th year so as to bring it in
line with the syllabus approved by us so that the students
passing the qualifying examination of the 12th year may be
properly equipped to face the All-India Entrance
Examination. It would be desirable if a common syllabus is
adopted at +2 level throughout the country so that there may
be uniformity in the educational pattern and the students in
various States may be able to appear in the All-India
Entrance Examination on a footing of equality without any
undue advantage to one as against the other.
Then there were a few other questions raised in regard
to the holding of the All-India Entrance Examination. The
first question was as to which should be the agency for
holding the All-India Entrance Examination. The Government
of India pointed out in its Memorandum that the consensus at
the meeting was that the holding of the All-India Entrance
Examination for admission to the MBBS/BDS course should be
entrusted to the Medical Council of India but so far as its
own view was concerned, it clearly and categorically
expressed its opinion that “considering the fact that the
Medical Council of India has not conducted examination of
this nature in the past and that the number of candidates
appearing in this examination would be quite large, the
Government feel that the Central Board of Secondary
Education which is already holding a national level
examination at + 2
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stage would be the most suitable Organisation”. The Medical
Council of India, on the other hand, strongly pleaded that
it was the most appropriate agency to which the holding of
the All-India Entrance Examination should be entrusted. We
agree with the Government of India that the All-India
Entrance Examination for MBBS/BDS course should not be
allowed to be held by the Medical Council of India. The
Medical Council of India has a supervising and auditing
function and it is charged with the duty of ensuring that
proper standards of medical education are maintained. The
Indian Medical Council Act, 1956 under which the Medical
Council of India is constituted does not contemplate holding
of any such entrance Examination by the Medical Council of
India at the under-graduate level. Moreover, the Medical
Council of India has no experience of holding an entrance
examination of such large magnitude and we are not at all
sure whether it has the necessary infrastructure for doing
so. It may also be noted that the number of students
appearing in the All-India Entrance Examination would be
enormously large and it is doubtful whether the Medical
Council of India would be able to handle such an entrance
Examination. It is undoubtedly true that it was not the
Medical Council of India which took the initiative in
suggesting that it should be allowed to hold the All-India
Entrance Examination. It was the Court which requested the
Medical Council of India to come forward with a scheme for
holding an All-India Entrance Examination. We are indeed
grateful to the Medical Council of India for having extended
its fullest cooperation to the Court but we do feel that so
far as the All-India Entrance Examination for admission to
the MBBS/BDS course is concerned, it would not be
appropriate to entrust the holding of such entrance
Examination to the Medical Council of India. The question
then is to which body should the holding of this Examination
be entrusted. We are of the view that the Central Board of
Secondary Education which has not only the infrastructure
but also the experience of holding an All-India Examination
for the 12th year would be the most appropriate agency to
hold the All-India Entrance Examination for admission to
MBBS/BDS course. The argument of the Medical Council of
India against entrusting the holding of this Examination to
the Central Board of Secondary Education was that “there is
great variation in the standard of examination conducted by
the Central Board of Secondary Education”. But his argument
is without force since the examination is going to be an
objective test where the subjective element which might lead
to varitations in the standard of examination would be
eliminated. We would therefore direct the Central Board of
Secondary Education to hold the All India Entrance
Examination for admission to the MBBS/
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BDS course. The Government of India will provide the
necessary finances for holding such examination.
So far as the All India Entrance Examination for post
graduate courses is concerned, the holding of such
examination may appropriately be entrusted to the All India
Institute of Medical Sciences. Though it was the general
consensus at the meeting convened by the Ministry of Health,
Government of India, pursuant to our Order dated 16th
September 1985 that the Medical Council of India should be
entrusted with the task of holding such examination, there
was some opposition to this proposal from a few of the
participants. We agree with these participants that the
holding of this examination should not be entrusted to the
Medical Council of India. When we say this, we do not for a
moment wish to cast any reflection on the Medical Council of
India. In fact, the Medical Council of India has been
extremely helpful in taking the initiative to work out the
modalities of the All India Entrance Examination and we
reiterate that we are extremely grateful to the Medical
Council of India for the great assistance which they have
given to the Court. But, we do not think that the Medical
Council of India would be the appropriate agency for holding
such examination. It has neither the infra-structure nor the
experience for conducting such examination and, moreover, it
is a supervisory or auditing body and we would not like it
to be saddled with the onerous responsibility of holding
such examination. Besides, if the two functions are in the
hands of the same body supervision and auditing may not be
effective. The All India Institute of Medical Sciences, on
the other hand, has been holding Entrance Examination every
year where students from all over the country compete for
admission and it has the necessary infrastructure as well as
expertise for holding such examination. We are informed that
the All India Institute of Medical Sciences is quite willing
to undertake this task if the Government of India makes
available the necessary facilities including proper funding.
We would, therefore, direct the Government of India to
arrange for the conduct of the All India Entrance
Examination for post-graduate courses by the All India
Institute of Medical Sciences and to provide the necessary
facilities and finance which may be required by the All
India Institute of Medical Sciences for the purpose of
holding such examination. If, for any reason, the All India
Institute of Medical Sciences is not prepared to undertake
the task of conducting such examination, then and in that
event only, the Government of India may entrust this task to
the Medical Council of India.
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We may point out that in our opinion it would be ideal
to set up A in due course an independent statutory body
which will conduct the All India Entrance Examinations both
for the MBBS/BDS course and the post-graduate courses. That
would be eminently desirable but until such a statutory body
is set up, the All-India Entrance Examination for MBBS/BDS
course shall be held by the Central Board of Secondary
Education and the All India Entrance Examination for the
post graduate courses shall be held by the All India
Institute of Medical Sciences or the Medical Council of
India, as the case may be.
There are a few other matters in regard to the scheme
of the All India Entrance Examinations which we should like
to clarify and the scheme submitted by the Government of
India along with its Memorandum will have to be read subject
to the modifications which we have already discussed in the
preceding paragraphs of this Judgment as also the
modifications which we are now proceeding to discuss.
(1) In the first place, the scheme has necessarily
to be confined to medical colleges or institutions
run by the Union of India or a State Government or
a Municipal or other local Authority. It cannot
apply to private medical colleges or institutions
unless they are instrumentality or agency of the
State or opt to join the scheme by making 15% of
the total number of seats for the MBBS/BDS course
and 25% of the total number of seats for the post-
graduate courses, available for admission on the
basis of All India Entrance Examination. Those
medical colleges or institutions which we have
already excepted from the operation of the
judgment dated 22nd June 1984 will continue to
remain outside the scope of the scheme.
(2) Secondly, the All India Entrance Examination
for the MBBS/BDS course shall be held once in a
year for the MBBS/BDS course which may commence at
any time between 15th July and 1st August each
year. The dates indicated in paragraph 14 of the
scheme of All India Entrance Examination for
MBBS/BDS course are quite in order but we would
add one more date, namely, that the result of the
All India Entrance Examination shall be declared
some time between 15th and 20th June. A list of
successful candidates shall be prepared in order
of merit and it shall comprise the names of as
many students as the number of vac-
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ant seats available for admission plus 10% more
and there shall also be a waiting list as
indicated in paragraph 8 of the scheme. There
shall also be an interval of time of at least
three weeks between the date of publication of the
list and the date of admission to the medical
colleges or institutions covered by the scheme. We
would like to make it clear that students shall be
entitled to appear at the All India Entrance
Examination even if the result of the qualifying
examination has not yet been declared, provided
they have appeared at the qualifying examination
but they cannot be admitted to the MBBS/BDS course
unless they have passed the qualifying
examination. While accommodating the students
according to the preference given by them, utmost
care shall be taken to see that in priority over
male students, female students are accommodated
near their place of residence, because it is
difficult for female students to go to a medical
college or institution outside the place of their
residence, particularly since there is lack of
proper hostel facilities for female students at
most of the places. The Bulletin of Information
referred to in paragraph 14 of the Scheme shall be
made available to the students by 1st February of
each year commencing from 1987.
(3) Thirdly, so far as the All India Entrance
Examination for the post graduate courses is
concerned we are of the view that there should be
only one examination in a year as suggested by the
Government of India in the Scheme submitted by it.
But we are of the view that it would not be right
to insist that a student should not be eligible
for appearing at this examination unless he has
completed compulsory rotating internship/practical
training programme and obtained registration from
the Medical Council of India or any of the State
Medical Councils. That would greatly inconvenience
the students. The final MBBS Examination is
normally held in October/November each year and
thereafter every student has to undergo compulsory
rotating internship/practical training for a
period of one year and then only he can be awarded
MBBS Degree and he can obtain registration from
the Medical Council of In dia or a State Medical
Council. If therefore it is provided that a
student shall be eligible to appear at the All
India Entrance Examination only after he has
acquired MBBS
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Degree and obtained registration, it would mean
that he A would be able to appear at such
examination only after a lapse of about one year
from the date of his passing MBBS Examination. He
would have to start preparing again for appearing
at the All India Entrance Examination after a
break of one year which is bound to cause a
certain amount of hardship and inconvenience. It
would be better in our view if a student is
allowed to appear at the All India Entrance
Examination after the result of the MBBS
Examination is announced and he is declared to
have passed MBBS Examination, because at that date
the theoretical part of the syllabus would be
fresh in his mind and it would save him the
trouble of reading the entire course over again
after a period of one year. We would, therefore,
direct that the tentative programme for the All
India Entrance Examination set out in clause 13 of
the Scheme of examination for admission to
postgraduate courses should be modified and the
modified programme should be as follows:
(i) By post -10th January (ii) From cash counter -20th January Last date for receiving -31st January application forms Competitive test -Middle of March Result to be declared -First week of May
Every student who has passed his MBBS Examination
shall be eligible for appearing at this
examination even though he has not completed his
compulsory rotating internship/practical training,
but he shall not be entitled to be admitted to the
post-graduate course until he has completed such
internship or practical training and obtained
registration either from the Medical Council of
India or a State Medical Council. On this view, so
far as admissions to post- graduate courses are
concerned, it may not be possible to give effect
to our Judgment dated 22nd June 1984, until the
academic year commencing in 1988. The students
seeking admission to post-graduate courses for the
academic year commencing in 1987 would be those
who have completed their compulsory rotating
internship/practical training in
364
November/December 1986 and now to require them,
after a break of one year, to prepare again for
appearing at the All India Entrance Examination
would cause considerable hardship and
inconvenience. Admissions to post-graduate courses
for the academic year commencing in 1987 may
therefore be given on the basis that our Judgment
dated 22nd June 1984 does not govern such
admissions. But an All India Entrance Examination
would have to be held in 1987 for the students who
would be passing MBBS Examination in the end of
1986 and who would be completing their compulsory
rotating internship/practical training in the end
of 1987 and seeking admission to post graduate
courses for the academic year commencing in 1988.
We must of course make it clear that it would be
open to a student to appear at the All India
Entrance Examination even. after he has completed
his compulsory rotating internship/practical
training and he would be entitled to compete for
admission to post-graduate courses for the
academic year immediately following the completion
of his internship or practical training. We would
also like to add that though we have prescribed
this programme for holding the All India Entrance
Examination for admission to post graduate
courses, if any difficulty is found in following
this programme, it would be open to the Government
of India to alter it in such manner as it thinks
fit after consultation with the All India
Institute of Medical Sciences and Medical Council
of India. We are leaving a certain measure of
latitude to the Government of India because it is
possible that some difficulties may be encountered
in implementation of this programme which we have
not been able to anticipate and foresee.
(4) The Government of India has suggested in the
Scheme of examination for admission to post-
graduate courses that a weightage equivalent to
15% of the total marks obtained by a student at
the All India Entrance Examination should be given
if he has put in a minimum of three years of rural
service. It is, of course, eminently desirable
that some incentive should be given to our doctors
to go to the rural areas because there is
concentration of doctors in the urban areas and
the rural areas appear to be neglected. But we do
not think that such incentive should go to the
length of
365
giving a weightage of 15% of the total marks
obtained by a A candidate. There are several
reasons why our doctors are persuaded to go to the
rural areas in order to serve the rural masses who
are badly in need of medical assistance. Some of
the reasons are attraction of urban life, the
prospect of building up a lucrative practice which
may be possible only in urban cities, lack of
proper facilities and inadequate supply of
necessary medicines and above all absence of
social commitment and lack of desire to serve the
poor and the disadvantaged . These are some of the
difficulties which have to be overcome if we want
doctors to move to the rural areas. We do not
think that by merely offering a weightage of 15%
to a doctor for three years rural service we shall
be able to bring about a migration of doctors from
the urban to the rural areas. We are of the view
that when selection of candidates is being made
for admission on an All-lndia basis, no factor
other than merit should be allowed to tilt the
balance in favour of a candidate. We must remember
that what we are regulating are admissions to
post-graduate courses and if we want to produce
doctors who are M.D. Or M.S., particularly
Surgeons who are going to operate upon human
beings, it is of the utmost importance that the
selection should be based on merit. Moreover, we
are extremely doubtful if a candidate who has
rendered three years rural service for the purpose
of getting a weightage of 15% would go back to the
rural area after he has got M.D. Or M.S. Degree.
We are, therefore, of the view that no weightage
should be given to a candidate for rural service
rendered by him so far as admissions to post-
graduate courses are concerned. Even if an
undertaking is taken from such a candidate that
after obtaining M.D. Or M.S. Degree he will
settle-down in a rural area and serve the rural
masses, it would in all probability serve no
useful purpose because in the absence of the
requisite facilities such as hospital, medical and
surgical equipment, nursing etc. It would not be
possible for him to give the advantage of his
higher medical education to the rural masses and
the higher medical education received by him would
not be of service to the community.
The schemes of examination for admission to MBBS/BDS
course and post-graduate courses submitted by the Government
of India as
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Annexure III to its memorandum are therefore approved by us,
subject to the various modifications discussed and
formulated in this Judgment. We would direct the Government
of India to revise these schemes in accordance with the
modifications directed in this Judgment and to submit such
revised schemes to this Court within two weeks from today.
The Government of India will supply copies of the revised
schemes to the learned advocates appearing on behalf of the
State Governments, the Medical Council of India and the
Bombay University so that, if the revised schemes are not in
accordance with the directions given by us in this Judgment
in any respect, they may be able to point out such
discrepancies in the revised schemes.
Before we part with this Judgment we would like to make
it clear that this Judgment given by us should not be
construed as in any manner prejudicing or affecting or
detracting from any rule, regulation or other provision
entitling students from other States including the States of
Andhra Pradesh and Jammu & Kashmir to be considered for
admission to the remaining 85% and 75% seats for the
MBBS/BDS course and post-graduate courses respectively. We
would also like the Government of India to consider whether
it would not be desirable to set up Regional Institutes of
Medical Sciences where admission would be open to students
from all over the country and where a high standard of
excellence would be maintained. If such Regional Institutes
of Medical Sciences are set up providing opportunity to
students from all over the country to compete for admission
on the basis of merit, it may become unnecessary to reserve
15% of the total number of seats for admission to the
MBBS/BDS course and 25% of the total number of seats for
admission to post graduate courses in each medical college
or institution on the basis of All India Entrance
Examination.
The writ petitions will now come up for hearing on 4th
August 1986 for confirmation of the revised schemes prepared
by the Government of India in accordance with the directions
given in this Judgment.
P.S.S.
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