{"id":26172,"date":"1986-07-21T00:00:00","date_gmt":"1986-07-20T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/dinesh-kumar-ors-vs-motilal-nehru-medical-college-on-21-july-1986"},"modified":"2017-07-09T06:26:13","modified_gmt":"2017-07-09T00:56:13","slug":"dinesh-kumar-ors-vs-motilal-nehru-medical-college-on-21-july-1986","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/dinesh-kumar-ors-vs-motilal-nehru-medical-college-on-21-july-1986","title":{"rendered":"Dinesh Kumar & Ors vs Motilal Nehru Medical College, … on 21 July, 1986"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Dinesh Kumar & Ors vs Motilal Nehru Medical College, … on 21 July, 1986<\/div>\n
Equivalent citations: 1986 AIR 1877, \t\t 1986 SCR (3) 345<\/div>\n
Author: P Bhagwati<\/div>\n
Bench: Bhagwati, P.N. (Cj)<\/div>\n
           PETITIONER:\nDINESH KUMAR & ORS.\n\n\tVs.\n\nRESPONDENT:\nMOTILAL NEHRU MEDICAL COLLEGE, ALLAHABAD & ORS 13\n\nDATE OF JUDGMENT21\/07\/1986\n\nBENCH:\nBHAGWATI, P.N. (CJ)\nBENCH:\nBHAGWATI, P.N. (CJ)\nMISRA RANGNATH\n\nCITATION:\n 1986 AIR 1877\t\t  1986 SCR  (3) 345\n 1986 SCC  (3) 727\t  JT 1986    97\n 1986 SCALE  (2)188\n CITATOR INFO :\n D\t    1990 SC 851\t (3)\n RF\t    1992 SC1475\t (3)\n\n\nACT:\n     Professional Colleges-Admission  to  Medical  Colleges-\nGraduate and  Post-Graduate  Courses-Reservation  of  seats-\nHolding of  All-lndia Entrance Examinations-No weightage for\nrural service in admission to Post-Graduate Courses.\n\n\n\nHEADNOTE:\n     By its  main judgment  in the  case, the  Court on 22nd\nJune 1384  fixed the  outer limit of reservation of seats in\nthe medical  colleges in the State for admission to the MBBS\nand BDS\t courses at 70 per cent. In respect of the resultant\n30 per\tcent of\t the open seats thus available for admission\nof students  on All India basis irrespective of the State or\nUniversity from\t which they  come,  it\tdirected  that\tsuch\nadmission shall\t be granted  purely on merit on the basis of\neither\tan   All  India\t Entrance  Examination\tor  entrance\nexamination to\tbe held by the State. In regard to admission\nto post-graduate courses such as MD, MS and the like, taking\nnote of\t the institutional  preference it took the view that\nsuch reservation  should not in any event exceed SO per cent\nof the total number of open seats available for admission.\n     On the  failure of\t the Government\t of  India  and\t the\nIndian Medical\tCouncil to  make necessary  arrangements for\nholding\t an   All-lndia\t Entrance   Examination,  the  Court\ndirected the  Indian Medical  Council to come forward with a\nscheme of  examination\tfor  regulating\t admission  to\tnon-\nreserved seats for the above courses.\n     Pursuant to a direction of the Court given on September\n16,  1985  the\tMinistry  of  Health,  Government  of  India\nconvened a  meeting of\tthe Deans  of Medical  Faculties  of\nvarious Universities,  Health Secretaries  of various  State\nGovernments, the  representatives of  the Medical Council of\nIndia,\tDental\t Council  of   India,  National\t  Board\t  of\nExaminations, National\tAcademy of  Medical Sciences and the\nCentral Board of H\n346\nSecondary Education  to consider  the scheme prepared by the\nMedical Council\t of  India,  which  was\t then  modified\t and\nredrafted.\n     When the  revised scheme submitted by the Government of\nIndia was  taken up  for consideration\tcounsel for  various\nState  Governments   made  their  submissions  pleading\t for\ncertain changes in the scheme.\n^\n     Modifying the main judgment, the Court directed:\n     1. The All-India Entrance Examination should be held in\nthe English language. Since the medium of instruction in the\nMBBS\/BDS course\t and post-Graduate courses is in English and\nthe entire  medical  education\tis  being  imparted  in\t the\nEnglish language  throughout the  country,  and\t it  is\t not\npractically  feasible\tto  hold   the\tAll-India   Entrance\nExamination in diverse regional languages. [354A-B]\n     2.1 To  be fair  and  just\t and  to  bring\t about\treal\nequality of  opportunity in admission to the MBBS\/BDS course\nwithout placing the students in one State in an advantageous\nor disadvantageous  position as\t compared to the students in\nanother State  not less than 15 per cent of the total number\nof seats  in each  medical college  or institution,  without\ntaking into  account any reservations validly made, shall be\nfilled on  the basis  of All-India  Entrance Examination, in\nmodification of\t the formula  adopted in  the main judgment.\n[355F-G]\n     2.2 The  same formula  must apply\talso  in  regard  to\nadmissions to  the post-Graduate  courses,  and\t instead  of\nmaking available  for admission\t on all-India  basis 50\t per\ncent  of   the\topen   seats,  after   taking  into  account\nreservations validly  made, not less than 25 per cent of the\ntotal number  of  seats\t without  taking  into\taccount\t any\nreservations, shall  be made  available for  being filled on\nthe basis of All-India Entrance Examination.\n     3. The  students from  the States of Andhra Pradesh and\nJammu and  Kashmir should  not be  entitled to appear in the\nAll-India Entrance Examination, unless these States agree to\nmake not  less than 15 per cent of the total number of seats\nfor the MBBS\/BDS course and not less than 25 per cent of the\ntotal number of seats for the post-graduate courses in their\nrespective medical  colleges or\t institutions available\t for\nadmission on the basis of All-lndia Entrance Examination.\n     4. The  syllabus for the All-India Entrance Examination\nframed\n347\nby  the\t Medical  Council  of  India  and  accepted  by\t the\nGovernment of  A India and all the State Governments. except\nthe  State   of\t Maharashtra.  is  approved.  The  Education\nDepartment of  each State  as also  the Board  of  Secondary\nand\/or Higher  Secondary Education in each State to suitably\namend its  syllabus or\tcourse for  the 12th  year so  as to\nbring it  in line  with the  syllabus approved,\t so that the\nstudents passing the qualifying examination of 12th year may\nbe  properly   equipped\t to   face  the\t All-India  Entrance\nExamination. Adoption  of a  common syllabus  at +  12 level\nthroughout the\tcountry for  the sake  of uniformity  in the\neducational pattern is desirable.\n     5. Until  an independent statutory body to conduct All-\nlndia Entrance\tExaminations, both  for the  MBBS BDS course\nand the\t Post- graduate courses is set up, the Central Board\nof  Secondary  Education  to  hold  the\t All-India  Entrance\nExamination for\t admission to  the  MBBS\/  BDS\tcourse.\t The\nGovernment of  India to\t provide the  necessary finance\t for\nholding such  examination. The\tGovernment of  India also to\narrange\t for   the  conduct   of  the\tAll  India  Entrance\nExamination  for  post-graduate\t courses  by  the  All-lndia\nInstitute of  Medical Sciences\tand to provide the necessary\nfacilities and\tfinance. If  for any  reason, the  All India\nInstitute of  Medical Sciences\tis not prepared to undertake\nthe task,  the Government  of India may entrust this task to\nthe Medical Council of India.\n     6. The  scheme of\tthe All-India  Entrance Examinations\nnecessarily  to\t  be  confined\t to  medical   colleges\t  or\ninstitutions rum by the Union of India or a State Government\nor  a  Municipal  or  other  local  authority.\tThe  medical\ncolleges or  institutions excepted from the operation of the\njudgment dated\t22nd  June  1984  will\tcontinue  to  remain\noutside the scope of the scheme.\n     7. The  All-lndia Entrance Examination for the MBBS BDS\ncourse shall  be held  once in\ta year which may commence at\nany time between 15th July and Ist of August every year. One\nmore date  added to para 14 of the scheme, namely the result\nof the\tAll-lndia Entrance  Examination\t shall\tbe  declared\nsometime between  15th and  20th June.\tA list of successful\ncandidates shall  be prepared in order of merit and it shall\ncomprise the  names of\tas many\t students as  the number  of\nvacant seats available for admission, plus 10 per cent more,\nand there  shall also  be a waiting list. The students shall\nbe entitled  to appear at the All-lndia Entrance Examination\neven if the result of the qualifying examination has not yet\nbeen declared. H\n348\n     8.1  There\t  should  be  only  one\t All-lndia  Entrance\nExamination for\t the post-graduate  courses in\ta year,\t for\nwhich general  announcement to\tbe made\t in the last week of\nNovember, application  forms to\t be made  available by\tpost\ntill 10th January, from cash counter till 20th January. Iast\ndate  for   receiving  application   forms   31st   January,\ncompetitive test  in middle  of\t March,\t and  result  to  be\ndeclared in  the first\tweek of\t May. Every  student who has\npassed his  MBBS Examination shall be eligible for appearing\nat this\t examination even  though he  has not  completed his\ncompulsory rotating  internship practical  training, but  he\nshall not  be entitled to be admitted until he has completed\nsuch  internship   or  practical   training   and   obtained\nregistration either  from the  Medical Council of India or a\nState Medical Council.\n     8.2  Admissions   to  post-graduate   courses  for\t the\nacademic year  commencing in  1387 may be given on the basis\nthat the judgment dated 22nd June, 1384 does not govern such\nadmissions, but an All-lndia Entrance Examination would have\nto be  held in\t1387 for  the students\twho would be passing\nMBBS Examination  in the  end  of  1986\t and  who  would  be\ncompleting their  compulsory  rotating\tinternship\/practical\ntraining in  the end  of 1387 and seeking admission to post-\ngraduate courses  for the  academic year commencing in 1988.\nHowever, it  would be open to a student to appear at the All\nIndia Entrance\tExamination even  after he has completed his\ncompulsory rotating  internship\/practical  training  and  he\nwould be  entitled to  compete for admission to postgraduate\ncourses for  the academic  year\t immediately  following\t the\ncompletion of his internship or practical training.\n     9. No  weightage should  be given\tto a  candidate\t for\nrural service rendered by him. So far as admissions to post-\ngraduate courses are concerned, when selection of candidates\nis being made for admission on an All-India basis, no factor\nother than  merit should  be allowed  to tilt the balance in\nfavour of a candidate.\n     10.  Directions   not  to\tbe  construed  in  a  manner\nprejudicing  or\t affecting  or\tdetracting  from  any  rule,\nregulation or  other provision entitling students from other\nStates, including the States of Andhra Pradesh and Jammu and\nKashmir, to  be considered for admission to the remaining 85\nper cent  and 75  per cent seats for the MBBS\/BDS course and\npost-graduate courses respectively.\n     11. The  (Government of  India to\tconsider setting  up\nRegional Institutes  of\t Medical  Sciences  where  admission\nwould be open to stu-\n349\ndents from  all over the country. If such institutes are set\nup providing  A opportunity  to students  from all  over the\ncountry to  compete for\t admission on the basis of merit, it\nmay become  unnecessary to  reserve IS per cent of the total\nnumber of  seats for admission to the MBBS\/BDS course and 25\nper cent  of the  total number\tof seats  for  admission  to\npostgraduate courses  in each medical college or institution\non the basis of All India Entrance Examination.\n\n\n\nJUDGMENT:\n<\/pre>\n
     ORIGINAL JURISDlCTION:  Writ Petition (Civil) Nos. 348-
\n352 of 1985
\n     Under Article 32 of the Constitution of India.
\n     P.P. Singh,  M. Veerappa,\tP.H.  Parekh,  B.D.  Sharma,
\nN.M.Ghatate, R.N.  Poddar, M.N. Shroff, Madan Lokur, Mrs. S.
\nDixit, Surya  Kant, R.C. Verma, L.K. Pandey, D.N. Mukherjee,
\nA.S.Bhasme, S.K.  Nandy and  A.V. Rangam  for the  appearing
\nparties.\n<\/p>\n
     The Judgment of the Court was delivered by
\n     BHAGWATI, CJ:  The\t main  judgment\t in  this  case\t was
\ndelivered by  us on  22nd June\t1984 and  we  held  in\tthat
\njudgment that  “wholesale reservation  made by\tsome of\t the
\nState Governments  on the  basis of  ‘domicile’ or residence
\nrequirement  within   the  State   or  on   the\t  basis\t  of
\ninstitutional preference  for students\twho have  passed the
\nqualifying examination\theld by the University or the State,
\nexcluding all  students\t not  satisfying  this\trequirement,
\nregardless  of\tmerit”\twas  unconstitutional  and  void  as
\noffending the  equality clause of the Constitution.But after
\ncondemning  such  wholesale  reservation,  we  proceeded  to
\nobserve that  the very mandate of the equality clause viewed
\nin the\tperspective of\tsocial justice,\t would justify\tsome
\nextent of  reservation based on residence requirement within
\nthe  State  or\ton  institutional  preference  for  students
\npassing the qualifying examination held by the University or
\nthe State  and addressing  ourselves to the question to what
\nextent\t such\t reservation   might\tbe    regarded\t  as
\nconstitutionally permissible, we said: G
\n\t  “It is  not  possible\t to  provide  a\t categorical
\n\t  answer to this question, for as pointed out by the
\n\t  policy statement  of the  Government of India, the
\n\t  extent of such reservation would depend on several
\n\t  factors including  opportunities for\tprofessional
\n\t  education in that particular area, the extent of
\n350<\/span>
\n\t  competition, level of education development of the
\n\t  area and other relevant factors. It may be that in
\n\t  a State where the level of educational development
\n\t  is   woefully\t  low,\t there\t are   comparatively
\n\t  inadequate  opportunities   for  training  in\t the
\n\t  medical speciality and there is large scale social
\n\t  and\teconomic    backwardness,   there   may\t  be
\n\t  justification\t for   reservation   of\t  a   higher
\n\t  percentage of seats in the medical colleges in the
\n\t  State and  such higher  percentage of seats in the
\n\t  medical colleges  in the  State may  not  militate
\n\t  against  “the\t  equality  mandate  viewed  in\t the
\n\t  perspective of  social justice”. So many variables
\n\t  depending on\tsocial and  economic  facts  in\t the
\n\t  context of  educational opportunities\t would enter
\n\t  into the  determination of the question as to what
\n\t  in the case of any particular State, should be the
\n\t  limit\t  of\treservation   based   on   residence
\n\t  requirement within  the State\t or on institutional
\n\t  preference. But,  in our opinion, such reservation
\n\t  should in  no event  exceed the  outer limit of 70
\n\t  per cent  of the  total number of open seats after
\n\t  taking into  account other  kinds of\treservations
\n\t  validly  made.   The\tMedical\t  Education   Review
\n\t  Committee  had  suggested  that  the\touter  limit
\n\t  should not  exceed 75\t per cent  but we are of the
\n\t  view that  it would  be fair\tand just  to fix the
\n\t  outer limit  at 70  per cent.\t We are\t laying down
\n\t  this outer  limit of\treservation in an attempt to
\n\t  reconcile the\t apparently  conflicting  claims  of
\n\t  equality and excellence.”\n<\/p>\n
We pointed  out that  in the  result at least 30 per cent of
\nthe open  seats shall be available for admission of students
\non All\tIndia basis  irrespective of the State or University
\nfrom which  they come”\tand directed  that “such  admissions
\nshall be  granted purely on merit on the basis of either All
\nIndia Entrance\tExamination or\tentrance examination  to  be
\nheld by\t the State”.  This was\tthe decision  given by us in
\nregard to  admissions to  the MBBS  and BDS courses. We then
\nproceeded to  discuss the  question of\tadmissions to  post-
\ngraduate courses such as MD, MS and the like and taking into
\naccount broader\t considerations of  equality of\t opportunity
\nand institutional  continuity in education which has its own
\nvalue and  relevance, we took the view that though residence
\nrequirement within  the State  should not  be a\t ground\t for
\nreservation  in\t  admissions  to  Post-Graduate\t courses,  a
\ncertain percentage  of seats may be reserved on the basis of
\ninstitutional preference in the sense that a student who has
\npassed MBBS-course  from a  Medical  College  may  be  given
\npreference for admission to Post
\n351<\/span>
\nGraduate course\t in the\t same Medical college or University,
\nbut  such   reservation\t on   the  basis   of  institutional
\npreference should not in any event exceed 50 per cent of the
\ntotal number  of open  seats available for admissions to the
\nPost-graduate course.\n<\/p>\n
     We thought\t that pursuant to this judgment delivered by
\nus, the\t Government of\tIndia and the Indian Medical Council
\nwould make  the necessary  arrangements for  holding an All-
\nIndia Entrance\tExamination for selection of students so far
\nas the\tminimum 30  per cent  nonreserved seats for the MBBS
\ncourse and  the minimum\t 50% nonreserved  seats for the Post
\ngraduate course\t were concerned. But, no steps were taken by
\nthe Government\tof India  or the  Indian Medical Council for
\nholding such  an All-India  Entrance examination and we had,
\ntherefore, to give a direction to the Indian Medical Council
\nto come forward with a positive scheme for holding All-India
\nEntrance  Examination\tfor  regulating\t admissions  to\t the
\nminimum 30  per cent  non-reserved seats for the MBBS course
\nand the\t minimum 50%  nonreserved seats\t for  Post  graduate
\ncourse, so  that admissions  to these  minimum\tnon-reserved
\nseats may  be made on the basis of comparative evaluation of
\nmerit  of  the\tstudents  through  such\t All-India  Entrance
\nExamination. We\t also pointed  out in  a subsequent judgment
\ndelivered by  us on 1st May 1985 that the all-India Entrance
\nExamination should  be conducted  in at\t least one centre in
\neach State  and that  “having regard  to  the  size  of\t the
\npopulation, the number of students seeking admission and the
\nextent of  the geographical  area of  the State, it might be
\ndesirable to  have more\t than one  centre in  some State  or
\nStates both  in regard\tto admissions  to the Post graduate-
\ncourses as also in regard to admissions to the MBBS course.”
\nIt seems  that pursuant\t to the\t directions given  by us,  a
\nscheme\tfor   holding  All-India  Entrance  Examination\t for
\nadmission to  the minimum  30% non-reserved  seats  for\t the
\nMBBS\/BDS course\t as well as for admission to the minimum 50%
\nnon-reserved  seats   for  the\t Post  graduate\t course\t was
\nformulated by  the Medical  Council  of\t India\tand  it\t was
\ncirculated amongst  the various\t State Governments.  Some of
\nthe State Governments including the University of Bombay put
\nforward certain\t difficulties in  the implementation  of the
\nscheme as suggested by the Medical Council of India. We felt
\nthat it\t was necessary\tto iron\t out these difficulties at a
\nrepresentative meeting\tand hence  by an  Order made on 16th
\nSeptember  1985,   we  directed\t the  Government  of  India,
\nMinistry of  Health to\timmediately  proceed  to  convene  a
\nmeeting of the Deans of the Faculties of Medicine of various
\nUniversities in\t the country  and the representatives of the
\nState Governments  and of  the Medical\tCouncil of India and
\nthe
\n352<\/span>
\nDental Council\tof India  for the purpose of considering the
\nscheme put  forward by\tthe Medical  Council  of  India\t and
\ncarrying out  such modifications  in the  scheme as  may  be
\nexpedient and  also, if necessary, evolving a new scheme, so
\nthat the  All-India Entrance  Examination both\tfor the MBBS
\nand BDS\t courses as  also for  the Post\t graduate courses is
\nheld in\t a manner  which will  cause  the  least  amount  of
\nhardship and  inconvenience to\tthe students and at the same
\ntime, implement\t the directions\t in our\t Judgment dated 22nd
\nJune 1984  as modified\tby the subsequent judgment dated 1st
\nMay 1985.  We also  directed  that  this  meeting  shall  be
\nconvened by  the Ministry  of Health,  Government  of  India
\nwithin one  month and  a detailed  scheme for  the All-India
\nEntrance Examination  for the  MBBS\/BDS\t and  Post  Graduate
\ncourses shall  be submitted  before the next date of hearing
\nof the\twrit petitions.\t We also  gave a direction that “the
\nmeeting will………consider whether the All-India Entrance
\nExamination should  be held  by the Medical Council of India
\nor by  any other  appropriate authority or body to be set up
\nfor that  purpose” and\t“the meeting  will evolve  a  common
\nsyllabus for  the All-India  Entrance Examination  and\twill
\nalso work  out the financial aspects of holding an All-India
\nEntrance Examination”.\tThe Government of India was directed
\nto provide the necessary finances for the purpose of holding
\nthe All-India Entrance Examination.\n<\/p>\n
     Pursuant to  this direction  given by  us in  our Order
\ndated 16th  September 1985,  a meeting\twas convened  by the
\nMinistry of  Health, Government of India for considering the
\nscheme prepared\t by the Medical Council of India for holding
\nAll-India Entrance  Examination for  the MBBS\/BDS  and\tPost
\nGraduate courses  and this meeting was attended by the Deans
\nof  Medical   Faculties\t of   various  Universities,  Health
\nSecretaries    of    various\tState\t Governments,\t the
\nrepresentatives of  the Medical\t Council  of  India,  Dental
\nCouncil of  India, National  Board of Examinations, National
\nAcademy of  Medical Sciences  and Central Board of Secondary
\nEducation and  at this\tmeeting the  representatives of\t the
\nMinistry of  Education and  the Ministry  of Law  were\talso
\ninvited to  express their  opinion. The\t scheme submitted by
\nthe Medical  Council of India and circulated amongst various
\nState Governments  and Deans of Medical Faculties and others
\nwas considered at length at this meeting and in the light of
\nthe discussions\t held at the meeting the scheme was modified
\nand redrafted  and the\tscheme so modified and redrafted was
\nsubmitted by  the Government  of  India\t to  the  Court\t for
\nacceptance along  with a  Memorandum setting out the revised
\nscheme as Annexure III and pointing out certain difficulties
\nset forth by some of
\n353<\/span>
\nthe participants.  The learned\tcounsel\t for  various  State
\nGovernments appeared  before  the  Court  when\tthe  revised
\nscheme was  taken up  for consideration\t and they made their
\nsubmissions pleading  for certain  changes in the scheme. We
\nshall proceed  to consider  these submissions  and deal with
\nthem.\n<\/p>\n
     The first\tobjection raised  on behalf  of some  of the
\nState Governments was in regard to the language in which the
\nAll-India Entrance  Examination should be held for admission
\nto minimum 30% nonreserved seats for the MBBS\/BDS course and
\nminimum 50% nonreserved seats for the post-graduate courses.
\nThe Medical Council of India in the revised scheme suggested
\nthat the  All-India Entrance  Examination should  be held in
\nthe English  language but it was contended on behalf of some
\nof the\tState Governments  that it  should be  held  in\t the
\nregional languages  and some of the State Governments in the
\nHindi belt  submitted that  an option should be given to the
\nstudents to  answer the question papers either in English or
\nin Hindi.  We are afraid we cannot accede to this suggestion
\nmade on\t behalf of  some of the State Governments. We do not
\nthink  that  at\t the  present  stage  it  would\t at  all  be
\npracticable to\thold the  All-India Entrance  Examination in
\nany language  other than  English. The medium of instruction
\nin the\tMBBS\/BDS course as also in the post-graduate courses
\nin all\tMedical colleges  and institutions in the country is
\nEnglish. The statutory regulations of the Medical Council of
\nIndia in  regard to  under-graduate medical  education\talso
\nprescribe that the medium of instruction for the MBBS course
\nshall be English. Moreover, there would be immense practical
\nand logistic  difficulties in holding the All-India Entrance
\nExamination in\tdifferent regional  languages which are many
\nand varied  and if  only Hindi\tis allowed as an alternative
\nlanguage in  which the All-India Entrance Examination may be
\nheld, there  would be  vehement opposition  from some of the
\nStates whose  regional language is other than Hindi and they
\nwould insist  that the All-India Entrance Examination should
\nalso be\t held in  their respective  regional  languages.  Of
\ncourse, we  do recognise  that in  order to  strengthen\t the
\nunity and integrity of the country and promote mobility from
\none State to another and to avoid creating a situation where
\nan Indian from one State will be a stranger in another State
\nit is  necessary that  there should  be one  common language
\nwhich should operate as a link language and particularly men
\nin public  life, professionals, intellectuals, academics and
\nthe like  should know  such  link  language  and  some\tday,
\nhopefully, with\t the consensus\tof the\tpeople, Hindi  might
\nbecome such  link language,  but as  the matter stands today
\nsince the medium of
\n354<\/span>
\ninstruction in the MBBS\/BDS course and post-graduate courses
\nis in  English and  the entire\tmedical education  is  being
\nimparted in  the English language throughout the country and
\nit  is\tnot  practically  feasible  to\thold  the  All-India
\nEntrance Examination  in diverse  regional languages, we are
\nof the\tview that  for the  present at\tleast, the All-India
\nEntrance Examination should be held in the English language.
\nWe do  not think  that even for students who have passed the
\nqualifying  examination\t with  regional\t language  as  their
\nmedium of  instruction there  would  be\t any  difficulty  in
\nfacing the  examination because\t they are bound to have some
\nknowledge of  English as  a language  of  comprehension\t for
\notherwise they\twould not  be able  to\tpursue\tthe  medical
\ncourse\tin  English  language  and  moreover  the  All-India
\nEntrance Examination  being an\tobjective test, it would not
\nrequire close familiarity with the English language.\n<\/p>\n
     Another objection raised on behalf of some of the State
\nGovernments and particularly the State of Tamil Nadu related
\nto the\tfollowing suggestion made in the Scheme submitted by
\nthe Government of India:\n<\/p>\n
\t  “It was  felt that  the judgment  of\tthe  Supreme
\n\t  Court by which 30% of the open seats for admission
\n\t  to MBBS\/BDS  courses were  to be  arrived at after
\n\t  taking into  account the reservations validly made
\n\t  (which term  has not been defined) provides enough
\n\t  scope to  the State  Governments to  increase\t the
\n\t  number    of\t  reserved    categories,    thereby
\n\t  contributing lesser  number  of  seats  for  being
\n\t  filled on All India basis.”\n<\/p><\/blockquote>\n
The objection  raised by  these State  Governments was\ttwo-
\nfold. Firstly, it was contended that the suggestion that 15%
\nof the\ttotal seats  available\tfor  admission\tto  MBBS\/BDS
\ncourse without\ttaking into  account any  reservations which
\nmay be\tmade by\t the State Government, would tend to produce
\ninequality of  opportunity  for\t admission  to\tstudents  in
\ndifferent States since the percentage of reservations varied
\nfrom State  to State  and secondly,  it was  urged that\t the
\nproposal of  the Government of India that valid reservations
\nshould not exceed 50% of the total number of seats available
\nfor admission,\twill reduce  the opportunities which were at
\npresent available  to Scheduled Castes, Scheduled Tribes and
\nbackward classes  as a\tresult of reservations exceeding 50%
\nof  the\t  total\t seats\tmade  in  some\tof  the\t States\t and
\nparticularly  in   the\tState\tof  Tamil   Nadu  where\t the
\nreservations exceed
\n355<\/span>
\n60%. We\t agree with the second objection raised on behalf of
\nsome of\t the State  Governments but  so\t far  as  the  first
\nobjection is  concerned, we do not think it is well-founded.
\nThere can  be no  doubt that  if in  each State,  30% of the
\nseats were  to be  made available for admission on the basis
\nof All-India  Entrance Examination after taking into account
\nreservations validly  made, the\t number of seats which would
\nbe  available  for  admission  on  the\tbasis  of  All-India
\nEntrance  Examination\twould  vary   inversely\t  with\t the
\npercentage of  reservations validly  made in  that State. If
\nthe percentage\tof reservations\t is high  as in the State of
\nTamil Nadu  or the  State of  Karnataka, the number of seats
\navailable for  admission on  the basis of All-India Entrance
\nExamination would be relatively less than what would be in a
\nState where  the percentage  of reservations  is low.  There
\nwould thus  be total  inequality in  the  matter  of  making
\navailable seats\t for admission\ton the\tbasis  of  All-India
\nEntrance Examination. It would be open to a State Government
\nto reduce the number of seats available for admission on the
\nbasis of  All-India Entrance  Examination by  increasing the
\nnumber\tof   reserved  categories   or\tby   increasing\t the
\npercentage of  reservations. We\t therefore  agree  with\t the
\nGovernment of  India that  the formula\tadopted by us in our
\nmain Judgment  dated 22nd  June\t 1984  for  determining\t the
\nnumber of seats which should be made available for admission
\non the\tbasis of  All-India Entrance  Examination should  be
\nchanged. We  would direct, in accordance with the suggestion
\nmade in the Scheme by the Government of India, that not less
\nthan 15%  of the  total number\tof  seats  in  each  medical
\ncollege or  institution, without  taking  into\taccount\t any
\nreservations validly  made, shall  be filled on the basis of
\nAll-India Entrance  Examination. This  new formula is in our
\nopinion fair  and just\tand brings  about real\tequality  of
\nopportunity in\tadmissions to  the MBBS\/BDS  course  without
\nplacing the  students in  one State  in an  advantageous  or
\ndisadvantageous position  as compared  to  the\tstudents  in
\nanother State. The same formula must apply also in regard to
\nadmissions to  the  post-graduate  courses  and\t instead  of
\nmaking available for admission on all-India basis 50% of the
\nopen seats  after taking  into account\treservations validly
\nmade, we  would direct\tthat not  less than 25% of the total
\nnumber\tof   seats   without   taking\tinto   account\t any
\nreservations, shall  be made  available for  being filled on
\nthe basis of All-India Entrance Examination. This suggestion
\nof the\tGovernment of  India deserves to be accepted and the
\nobjection to it must be overruled.\n<\/p>\n
     But so  far as  the second\t objection is  concerned, we
\nthink there is merit in it. We do not think that it would be
\nright for us to limit the
\n356<\/span>
\nreservations which can be validly made by a State Government
\nin the\tmatter of  admission to\t the MBBS\/BDS course and the
\npost-graduate courses  to 50%  of the total number of seats.
\nThere are  some States\tlike Tamil  Nadu and Karnataka which
\nhave  reservations   far  exceeding  50%  in  admissions  to
\nMBBS\/BDS course\t and we\t do not\t propose  to  restrict\tsuch
\nreservations to\t 50%. When  we say that we do not propose to
\nlimit the  percentage of  reservation to  50 as suggested by
\nthe Government\tof India  we should  not  be  understood  as
\nlaying down  that the State Government may make reservations
\nto  any\t  extent  it   likes  or   that\t the  percentage  of
\nreservations can  validly exceed  50 without  violating\t any
\nconstitutional\tguarantees.  We\t are  not  going  into\tthis
\nquestion  because   it\t does\tnot   directly\t arise\t for
\ndetermination in  this case.  We may  however point out that
\nthere is  a considerable  body of  opinion in  favour of the
\nview that  too large  a percentage  of reservations  has the
\neffect of  not only  stifling the  opportunities  of  really
\nbrilliant  students  who  do  not  belong  to  the  reserved
\ncategories and\tcreating a  certain  amount  of\t frustration
\nleading to class antagonism but also prejudicially affecting
\nthe quality and efficiency of the medical services available
\nto people,  particularly in  the  field\t of  higher  medical
\neducation such as the post graduate courses. There is on the
\nother hand  an\tequally\t powerful  lobby  which\t holds\tthat
\nreservations must be made in proportion to the population of
\nScheduled Castes,  Scheduled Tribes  and  backward  classes,
\nbecause these  classes of  people  have\t been  subjected  to
\noppression and\texploitation and  have been  deprived of all
\nopportunities of education and advancement since a long time
\nand unless  reservations are  made in  their favour and they
\nare given  proper opportunities\t by  a\tprocess\t of  reverse
\ndiscrimination, they  will never be able to take their place
\nin society on an equal footing with others and it is only by
\nwiping out  injustice which  has been  done to them for long
\nlong years,  by making\treservations in their favour that we
\nshall be  able to  build a  truly egalitarian society. It is
\nthe firm  belief of  those who\tpropound this  view that the
\ntheory that  resevations  carried  beyond  a  certain  limit
\naffect the quality and efficiency of the medical services is
\nnothing but an elitist myth which is put forward in order to
\nperpetuate the vested interests. These rival arguments raise
\nan interesting\tquestion of  social policy which may have to
\nbe decided by this Court at some future point of time but we
\ndo not\tthink that  in the  context of\tthe present  case it
\nwould be  right for us to enter upon a consideration of this
\nquestion.\n<\/p>\n
     The next question raised on behalf of some of the State
\nGovernments was\t that since the States of Andhra Pradesh and
\nJammu &
\n357<\/span>
\nKashmir have  been exempted  from the  operation of the main
\nJudgment dated 22nd June 1984 and these two States would not
\nbe liable  to set  apart seats for admission on the basis of
\nAll India  Entrance  Examination  and  students\t from  other
\nStates would  not be entiled to compete for admission to the
\nMBBS\/BDS and  post graduate  courses in the medical colleges
\nand institutions  in these  two States,\t the  students\tfrom
\nthese two  States should  likewise not be entitled to appear
\nin the All India Entrance Examinattion held for admission to
\nthe MBBS\/BDS  course and  post graduate courses in the other
\nStates. Otherwise the result would be that the students from
\nthese two  States would\t have an advantage over the students
\nfrom other  States, because they would have all the seats in
\nthe medical  colleges and  institutions in  their own  State
\navailable to  them for\tadmission without sharing even a few
\nseats with  students from other States and in addition, they
\nwould be  entitled, on\tthe  basis  of\tAll  India  Entrance
\nExamination, to\t secure admission  to seats  in the  medical
\ncolleges and  institutions in  the other  States whereas the
\nstudents from  the other States would not be entitled to the
\nopportunity to\tsecure admission in the medical colleges and
\ninstitutions in\t the State  of Andhra  Pradesh and  Jammu  &
\nKashmir and  this would clearly amount to denial of equality
\nof opportunity.\t There is in our opinion great force in this
\ncontention. If\tthe students  from the\tother States are not
\nentitled to  compete for  admission to\tthe medical colleges
\nand institutions in the States of Andhra Pradesh and Jammu &
\nKashmir,  it  would  clearly  be  inequitous  to  allow\t the
\nstudents from  the States  of Andhra  Pradesh  and  Jammu  &
\nKashmir to compete for admission in the medical colleges and
\ninstitutions of\t the other  States. The\t lack of reciprocity
\nwould plainly  and inevitably  result in inequity and giving
\nof undue  advantage to\tstudents from  the States  of Andhra
\nPradesh and Jammu & Kashmir as against the students from the
\nStates of  Andhra Pradesh  and Jammu & Kashmir should not be
\nentitled to  appear in\tthe All\t India Entrance Examination,
\nunless the  States of  Andhra Pradesh  and Jammu  &  Kashmir
\nagree to make not less than 15% of the total number of seats
\nfor the\t MBBS\/BDS course  and not less than 25% of the total
\nnumber of  seats for  the post\tgraduate  courses  in  their
\nrespective medical  colleges or\t institutions available\t for
\nadmission on the basis of All India Entrance Examination.\n<\/p>\n
     The question  then raised was in regard to the syllabus
\nfor the\t All India  Entrance Examination.  The\tsyllabus  as
\nframed by  the\tMedical\t Council  of  India  was  circulated
\namongst\t the  various  authorities  and\t ultimately  it\t was
\nfinalised at the meeting convened by the Ministry of
\n358<\/span>
\nHealth, Government  of India  as directed by our Order dated
\n16th September\t1985. Though the participants in the meeting
\nwere requested\tto send\t their comments\t in  regard  to\t the
\nsyllabus  within  10  days  for\t the  consideration  of\t the
\nGovernment of  India, no  State except\tMaharashtra sent its
\ncomments. The  comments offered\t by the State of Maharashtra
\nwere duly  considered  but  since  the\talterations  in\t the
\nsyllabus suggested  by the  State of  Maharashtra  were\t too
\nmany, it  was decided  to retain the syllabus as formulated.
\nWe approve  of this  syllabus since  it has been accepted by
\nthe Medical  Council of\t India, the  Government of India and
\nall the\t State Government  except the  State of\t Maharashtra
\nwhich also  did not make any submissions to the Court at the
\nhearing of  this case.\tSince as  a result  of the direction
\ngiven by  us on\t 2nd May  1986 our  judgment dated 22nd June
\n1984 is\t going to  be operative\t only with  effect from\t the
\nacademic year  commencing in  1987 and\tthe first  All India
\nEntrance Examination  for admission  to the  MBBS\/BDS course
\nwould be  held only  in June  1987,  we\t would\trequest\t the
\nEducation Department  of each  State as\t also the  Board  of
\nSecondary and\/or Higher Secondary Education in each State to
\ntake note  of this  syllabus which  we have approved for the
\nAll India  Entrance Examination\t and to\t suitably amend\t its
\nsyllabus or  course for\t the 12th  year so as to bring it in
\nline with  the syllabus\t approved by us so that the students
\npassing the  qualifying examination  of the 12th year may be
\nproperly   equipped   to   face\t  the\tAll-India   Entrance
\nExamination. It\t would be  desirable if a common syllabus is
\nadopted at +2 level throughout the country so that there may
\nbe uniformity in the educational pattern and the students in
\nvarious States\tmay be\table  to  appear  in  the  All-India
\nEntrance Examination  on a  footing of\tequality without any
\nundue advantage to one as against the other.\n<\/p>\n
     Then there\t were a few other questions raised in regard
\nto the\tholding of  the All-India  Entrance Examination. The
\nfirst question\twas as\tto which  should be  the agency\t for
\nholding the  All-India Entrance\t Examination. The Government
\nof India pointed out in its Memorandum that the consensus at
\nthe meeting  was that  the holding of the All-India Entrance
\nExamination for\t admission to  the MBBS\/BDS course should be
\nentrusted to  the Medical Council of India but so far as its
\nown  view   was\t concerned,  it\t clearly  and  categorically
\nexpressed its  opinion that  “considering the  fact that the
\nMedical Council\t of India  has not  conducted examination of
\nthis nature  in the  past and  that the number of candidates
\nappearing in  this examination\twould be  quite\t large,\t the
\nGovernment  feel   that\t the   Central\tBoard  of  Secondary
\nEducation  which   is  already\t holding  a  national  level
\nexamination at + 2
\n359<\/span>
\nstage would  be the most suitable Organisation”. The Medical
\nCouncil of  India, on  the other hand, strongly pleaded that
\nit was\tthe most  appropriate agency to which the holding of
\nthe All-India  Entrance Examination  should be entrusted. We
\nagree with  the\t Government  of\t India\tthat  the  All-India
\nEntrance Examination  for  MBBS\/BDS  course  should  not  be
\nallowed to  be held  by the  Medical Council  of India.\t The
\nMedical Council\t of India  has a  supervising  and  auditing
\nfunction and  it is  charged with  the duty of ensuring that
\nproper standards  of medical  education are  maintained. The
\nIndian Medical\tCouncil Act,  1956 under  which the  Medical
\nCouncil of India is constituted does not contemplate holding
\nof any\tsuch entrance  Examination by the Medical Council of
\nIndia at  the under-graduate  level. Moreover,\tthe  Medical
\nCouncil of  India has  no experience  of holding an entrance
\nexamination of\tsuch large  magnitude and  we are not at all
\nsure whether  it has  the necessary infrastructure for doing
\nso. It\tmay also  be  noted  that  the\tnumber\tof  students
\nappearing in  the All-India  Entrance Examination  would  be
\nenormously large  and it  is doubtful  whether\tthe  Medical
\nCouncil of  India would\t be able  to handle such an entrance
\nExamination. It\t is undoubtedly\t true that  it was  not\t the
\nMedical Council\t of  India  which  took\t the  initiative  in
\nsuggesting that\t it should  be allowed to hold the All-India
\nEntrance Examination.  It was  the Court which requested the
\nMedical Council\t of India  to come forward with a scheme for
\nholding an  All-India Entrance\tExamination. We\t are  indeed
\ngrateful to the Medical Council of India for having extended
\nits fullest  cooperation to the Court but we do feel that so
\nfar as\tthe All-India  Entrance Examination for admission to
\nthe  MBBS\/BDS\tcourse\tis   concerned,\t it   would  not  be
\nappropriate  to\t  entrust  the\t holding  of  such  entrance
\nExamination to\tthe Medical  Council of\t India. The question
\nthen is to which body should the holding of this Examination
\nbe entrusted.  We are  of the view that the Central Board of
\nSecondary Education  which has\tnot only  the infrastructure
\nbut also  the experience of holding an All-India Examination
\nfor the\t 12th year  would be  the most appropriate agency to
\nhold the  All-India Entrance  Examination for  admission  to
\nMBBS\/BDS course.  The argument\tof the\tMedical\t Council  of
\nIndia against  entrusting the holding of this Examination to
\nthe Central  Board of Secondary Education was that “there is
\ngreat variation\t in the standard of examination conducted by
\nthe Central  Board of Secondary Education”. But his argument
\nis without  force since\t the examination  is going  to be an
\nobjective test where the subjective element which might lead
\nto varitations\tin the\tstandard  of  examination  would  be
\neliminated. We\twould therefore\t direct the Central Board of
\nSecondary  Education   to  hold\t  the  All   India  Entrance
\nExamination for admission to the MBBS\/
\n360<\/span>
\nBDS  course.  The  Government  of  India  will\tprovide\t the
\nnecessary finances for holding such examination.\n<\/p>\n
     So far  as the  All India Entrance Examination for post
\ngraduate  courses   is\tconcerned,   the  holding   of\tsuch
\nexamination may\t appropriately be entrusted to the All India
\nInstitute of  Medical Sciences.\t Though it  was the  general
\nconsensus at the meeting convened by the Ministry of Health,
\nGovernment of  India,  pursuant\t to  our  Order\t dated\t16th
\nSeptember 1985\tthat the  Medical Council of India should be
\nentrusted with\tthe task  of holding such examination, there
\nwas some  opposition to\t this proposal\tfrom a\tfew  of\t the
\nparticipants. We  agree with  these  participants  that\t the
\nholding of  this examination  should not be entrusted to the
\nMedical Council\t of India. When we say this, we do not for a
\nmoment wish to cast any reflection on the Medical Council of
\nIndia. In  fact, the  Medical  Council\tof  India  has\tbeen
\nextremely helpful  in taking  the initiative to work out the
\nmodalities of  the All\tIndia Entrance\tExamination  and  we
\nreiterate that\twe are\textremely grateful  to\tthe  Medical
\nCouncil of  India for  the great  assistance which they have
\ngiven to  the Court.  But, we  do not think that the Medical
\nCouncil of India would be the appropriate agency for holding
\nsuch examination. It has neither the infra-structure nor the
\nexperience for conducting such examination and, moreover, it
\nis a  supervisory or  auditing body and we would not like it
\nto be  saddled with  the onerous  responsibility of  holding
\nsuch examination.  Besides, if\tthe two functions are in the
\nhands of  the same  body supervision and auditing may not be
\neffective. The\tAll India  Institute of Medical Sciences, on
\nthe other  hand, has been holding Entrance Examination every
\nyear where  students from  all over  the country compete for
\nadmission and it has the necessary infrastructure as well as
\nexpertise for holding such examination. We are informed that
\nthe All India Institute of Medical Sciences is quite willing
\nto undertake  this task\t if the\t Government of\tIndia  makes
\navailable the necessary facilities including proper funding.
\nWe would,  therefore, direct  the  Government  of  India  to
\narrange\t for   the  conduct   of  the\tAll  India  Entrance
\nExamination for\t post-graduate\tcourses\t by  the  All  India
\nInstitute of  Medical Sciences\tand to provide the necessary
\nfacilities and\tfinance which  may be  required by  the\t All
\nIndia Institute\t of Medical  Sciences  for  the\t purpose  of
\nholding such  examination. If, for any reason, the All India
\nInstitute of  Medical Sciences\tis not prepared to undertake
\nthe task  of conducting\t such examination,  then and in that
\nevent only, the Government of India may entrust this task to
\nthe Medical Council of India.\n<\/p>\n
361<\/span><\/p>\n
     We may  point out that in our opinion it would be ideal
\nto set\tup A  in due  course an\t independent statutory\tbody
\nwhich will  conduct the All India Entrance Examinations both
\nfor the\t MBBS\/BDS course and the post-graduate courses. That
\nwould be eminently desirable but until such a statutory body
\nis set\tup, the\t All-India Entrance Examination for MBBS\/BDS
\ncourse shall  be held  by the  Central\tBoard  of  Secondary
\nEducation and  the All\tIndia Entrance\tExamination for\t the
\npost graduate  courses\tshall  be  held\t by  the  All  India
\nInstitute of  Medical Sciences\tor the\tMedical\t Council  of
\nIndia, as the case may be.\n<\/p>\n
     There are\ta few  other matters in regard to the scheme
\nof the\tAll India Entrance Examinations which we should like
\nto clarify  and the  scheme submitted  by the  Government of
\nIndia along with its Memorandum will have to be read subject
\nto the\tmodifications which we have already discussed in the
\npreceding  paragraphs\tof  this   Judgment  as\t  also\t the
\nmodifications which we are now proceeding to discuss.
\n\t  (1) In the first place, the scheme has necessarily
\n\t  to be confined to medical colleges or institutions
\n\t  run by the Union of India or a State Government or
\n\t  a Municipal  or other\t local Authority.  It cannot
\n\t  apply to  private medical colleges or institutions
\n\t  unless they  are instrumentality  or agency of the
\n\t  State or  opt to  join the scheme by making 15% of
\n\t  the total  number of seats for the MBBS\/BDS course
\n\t  and 25% of the total number of seats for the post-
\n\t  graduate courses,  available for  admission on the
\n\t  basis of  All India  Entrance\t Examination.  Those
\n\t  medical colleges  or institutions  which  we\thave
\n\t  already  excepted   from  the\t  operation  of\t the
\n\t  judgment dated  22nd June  1984 will\tcontinue  to
\n\t  remain outside the scope of the scheme.\n<\/p>\n
\t  (2) Secondly,\t the All  India Entrance Examination
\n\t  for the  MBBS\/BDS course  shall be  held once in a
\n\t  year for the MBBS\/BDS course which may commence at
\n\t  any time  between 15th  July and  1st August\teach
\n\t  year. The  dates indicated  in paragraph 14 of the
\n\t  scheme  of  All  India  Entrance  Examination\t for
\n\t  MBBS\/BDS course  are quite  in order\tbut we would
\n\t  add one  more date, namely, that the result of the
\n\t  All India  Entrance Examination  shall be declared
\n\t  some time  between 15th  and 20th  June. A list of
\n\t  successful candidates\t shall be  prepared in order
\n\t  of merit  and it  shall comprise  the names  of as
\n\t  many students as the number of vac-\n<\/p>\n
362<\/span><\/p>\n
\t  ant seats  available for  admission plus  10% more
\n\t  and  there   shall  also  be\ta  waiting  list  as
\n\t  indicated in\tparagraph 8  of\t the  scheme.  There
\n\t  shall also  be an  interval of  time of  at  least
\n\t  three weeks between the date of publication of the
\n\t  list and  the date  of admission  to\tthe  medical
\n\t  colleges or institutions covered by the scheme. We
\n\t  would like to make it clear that students shall be
\n\t  entitled to  appear  at  the\tAll  India  Entrance
\n\t  Examination even  if the  result of the qualifying
\n\t  examination has  not yet  been declared,  provided
\n\t  they have  appeared at  the qualifying examination
\n\t  but they cannot be admitted to the MBBS\/BDS course
\n\t  unless   they\t   have\t  passed    the\t  qualifying
\n\t  examination.\tWhile\taccommodating  the  students
\n\t  according to\tthe preference given by them, utmost
\n\t  care shall  be taken\tto see that in priority over
\n\t  male students,  female students  are\taccommodated
\n\t  near their  place  of\t residence,  because  it  is
\n\t  difficult for\t female students  to go to a medical
\n\t  college or  institution outside the place of their
\n\t  residence, particularly  since there\tis  lack  of
\n\t  proper hostel\t facilities for\t female students  at
\n\t  most of  the places.\tThe Bulletin  of Information
\n\t  referred to in paragraph 14 of the Scheme shall be
\n\t  made available  to the students by 1st February of
\n\t  each year commencing from 1987.\n<\/p>\n
\t  (3) Thirdly,\tso far\tas the\tAll  India  Entrance
\n\t  Examination  for  the\t post  graduate\t courses  is
\n\t  concerned we\tare of the view that there should be
\n\t  only one examination in a year as suggested by the
\n\t  Government of India in the Scheme submitted by it.
\n\t  But we  are of the view that it would not be right
\n\t  to insist  that a  student should  not be eligible
\n\t  for appearing\t at this  examination unless  he has
\n\t  completed compulsory rotating internship\/practical
\n\t  training programme  and obtained registration from
\n\t  the Medical  Council of  India or any of the State
\n\t  Medical Councils. That would greatly inconvenience
\n\t  the  students.   The\tfinal  MBBS  Examination  is
\n\t  normally held\t in October\/November  each year\t and
\n\t  thereafter every student has to undergo compulsory
\n\t  rotating  internship\/practical   training  for   a
\n\t  period of one year and then only he can be awarded
\n\t  MBBS Degree  and he  can obtain  registration from
\n\t  the Medical  Council of  In dia or a State Medical
\n\t  Council.  If\ttherefore  it  is  provided  that  a
\n\t  student shall\t be eligible  to appear\t at the\t All
\n\t  India\t Entrance  Examination\tonly  after  he\t has
\n\t  acquired MBBS
\n363<\/span>
\n\t  Degree and  obtained registration,  it would\tmean
\n\t  that\the  A  would  be  able\tto  appear  at\tsuch
\n\t  examination only  after a  lapse of about one year
\n\t  from the  date of his passing MBBS Examination. He
\n\t  would have  to start preparing again for appearing
\n\t  at the  All India  Entrance  Examination  after  a
\n\t  break of  one year  which  is\t bound\tto  cause  a
\n\t  certain amount  of hardship  and inconvenience. It
\n\t  would be  better in  our  view  if  a\t student  is
\n\t  allowed  to  appear  at  the\tAll  India  Entrance
\n\t  Examination  after   the  result   of\t  the\tMBBS
\n\t  Examination is  announced and\t he is\tdeclared  to
\n\t  have passed MBBS Examination, because at that date
\n\t  the theoretical  part of  the\t syllabus  would  be
\n\t  fresh in  his mind  and  it  would  save  him\t the
\n\t  trouble of  reading the  entire course  over again
\n\t  after a  period of  one year. We would, therefore,
\n\t  direct that  the tentative  programme for  the All
\n\t  India Entrance Examination set out in clause 13 of
\n\t  the  Scheme\tof  examination\t  for  admission  to
\n\t  postgraduate courses\tshould be  modified and\t the
\n\t  modified programme should be as follows:\n<\/p>\n
\t  (i) By post\t\t   -10th January\n\t  (ii) From cash counter   -20th January\n\t  Last date for receiving  -31st January\n\t  application forms\n\t  Competitive test\t   -Middle of March\n\t  Result to be declared\t   -First week of May\n<\/pre>\n
\t  Every student\t who has passed his MBBS Examination
\n\t  shall\t be   eligible\t for   appearing   at\tthis
\n\t  examination even  though he  has not completed his
\n\t  compulsory rotating internship\/practical training,
\n\t  but he shall not be entitled to be admitted to the
\n\t  post-graduate course\tuntil he  has completed such
\n\t  internship  or  practical  training  and  obtained
\n\t  registration either  from the\t Medical Council  of
\n\t  India or a State Medical Council. On this view, so
\n\t  far as  admissions to\t post- graduate\t courses are
\n\t  concerned, it\t may not  be possible to give effect
\n\t  to our  Judgment dated  22nd June  1984, until the
\n\t  academic year\t commencing in\t1988.  The  students
\n\t  seeking admission to post-graduate courses for the
\n\t  academic year\t commencing in\t1987 would  be those
\n\t  who  have   completed\t their\tcompulsory  rotating
\n\t  internship\/practical training in
\n364<\/span>
\n\t  November\/December 1986  and now  to require  them,
\n\t  after a  break of  one year,\tto prepare again for
\n\t  appearing at\tthe All\t India Entrance\t Examination
\n\t  would\t   cause     considerable    hardship\t and
\n\t  inconvenience. Admissions to post-graduate courses
\n\t  for the  academic  year  commencing  in  1987\t may
\n\t  therefore be\tgiven on the basis that our Judgment
\n\t  dated\t 22nd\tJune  1984   does  not\tgovern\tsuch
\n\t  admissions. But  an All India Entrance Examination
\n\t  would have to be held in 1987 for the students who
\n\t  would be  passing MBBS  Examination in  the end of
\n\t  1986 and  who would be completing their compulsory
\n\t  rotating internship\/practical\t training in the end
\n\t  of 1987  and seeking\tadmission to  post  graduate
\n\t  courses for  the academic year commencing in 1988.
\n\t  We must  of course  make it clear that it would be
\n\t  open to  a student  to appear\t at  the  All  India
\n\t  Entrance Examination\teven. after he has completed
\n\t  his\tcompulsory   rotating\tinternship\/practical
\n\t  training and\the would  be entitled to compete for
\n\t  admission  to\t  post-graduate\t courses   for\t the
\n\t  academic year immediately following the completion
\n\t  of his  internship or practical training. We would
\n\t  also like  to add  that though  we have prescribed
\n\t  this programme  for holding the All India Entrance
\n\t  Examination  for   admission\tto   post   graduate
\n\t  courses, if  any difficulty  is found in following
\n\t  this programme, it would be open to the Government
\n\t  of India  to alter  it in such manner as it thinks
\n\t  fit  after   consultation  with   the\t All   India
\n\t  Institute of\tMedical Sciences and Medical Council
\n\t  of India.  We are  leaving a\tcertain\t measure  of
\n\t  latitude to  the Government of India because it is
\n\t  possible that some difficulties may be encountered
\n\t  in implementation  of this programme which we have
\n\t  not been able to anticipate and foresee.\n<\/p>\n
\t  (4) The  Government of  India has suggested in the
\n\t  Scheme  of  examination  for\tadmission  to  post-
\n\t  graduate courses  that a  weightage equivalent  to
\n\t  15% of  the total  marks obtained  by a student at
\n\t  the All India Entrance Examination should be given
\n\t  if he has put in a minimum of three years of rural
\n\t  service. It  is, of  course,\teminently  desirable
\n\t  that some incentive should be given to our doctors
\n\t  to  go   to  the  rural  areas  because  there  is
\n\t  concentration of  doctors in\tthe urban  areas and
\n\t  the rural  areas appear to be neglected. But we do
\n\t  not think  that such\tincentive should  go to\t the
\n\t  length of
\n365<\/span>
\n\t  giving a  weightage of  15%  of  the\ttotal  marks
\n\t  obtained by  a  A  candidate.\t There\tare  several
\n\t  reasons why our doctors are persuaded to go to the
\n\t  rural areas in order to serve the rural masses who
\n\t  are badly  in need  of medical assistance. Some of
\n\t  the reasons  are attraction  of  urban  life,\t the
\n\t  prospect of building up a lucrative practice which
\n\t  may be  possible only\t in urban  cities,  lack  of
\n\t  proper  facilities   and  inadequate\t supply\t  of
\n\t  necessary  medicines\tand  above  all\t absence  of
\n\t  social commitment  and lack of desire to serve the
\n\t  poor and the disadvantaged . These are some of the
\n\t  difficulties which  have to be overcome if we want
\n\t  doctors to  move to  the rural  areas. We  do\t not
\n\t  think that  by merely\t offering a weightage of 15%
\n\t  to a doctor for three years rural service we shall
\n\t  be able to bring about a migration of doctors from
\n\t  the urban  to the  rural areas. We are of the view
\n\t  that when  selection of  candidates is  being made
\n\t  for admission\t on an\tAll-lndia basis,  no  factor
\n\t  other than  merit should  be allowed\tto tilt\t the
\n\t  balance in favour of a candidate. We must remember
\n\t  that what  we are  regulating\t are  admissions  to
\n\t  post-graduate courses\t and if\t we want  to produce
\n\t  doctors  who\t are  M.D.   Or\t M.S.,\tparticularly
\n\t  Surgeons who\tare  going  to\toperate\t upon  human
\n\t  beings, it  is of  the utmost\t importance that the
\n\t  selection should  be based  on merit. Moreover, we
\n\t  are extremely\t doubtful if  a\t candidate  who\t has
\n\t  rendered three years rural service for the purpose
\n\t  of getting a weightage of 15% would go back to the
\n\t  rural area  after he\thas got M.D. Or M.S. Degree.
\n\t  We are,  therefore, of  the view that no weightage
\n\t  should be  given to  a candidate for rural service
\n\t  rendered by  him so  far as  admissions  to  post-
\n\t  graduate  courses   are  concerned.\tEven  if  an
\n\t  undertaking is  taken from  such a  candidate that
\n\t  after\t obtaining  M.D.  Or  M.S.  Degree  he\twill
\n\t  settle-down in  a rural  area and  serve the rural
\n\t  masses, it  would  in\t all  probability  serve  no
\n\t  useful purpose  because  in  the  absence  of\t the
\n\t  requisite facilities such as hospital, medical and
\n\t  surgical equipment,  nursing etc.  It would not be
\n\t  possible for\thim to\tgive the  advantage  of\t his
\n\t  higher medical  education to\tthe rural masses and
\n\t  the higher medical education received by him would
\n\t  not be of service to the community.\n<\/p>\n
     The schemes  of examination  for admission\t to MBBS\/BDS
\ncourse and post-graduate courses submitted by the Government
\nof India as
\n366<\/span>
\nAnnexure III to its memorandum are therefore approved by us,
\nsubject\t to   the  various   modifications   discussed\t and
\nformulated in  this Judgment. We would direct the Government
\nof India  to revise  these schemes  in accordance  with\t the
\nmodifications directed\tin this\t Judgment and to submit such
\nrevised schemes\t to this  Court within two weeks from today.
\nThe Government\tof India  will supply  copies of the revised
\nschemes to  the learned advocates appearing on behalf of the
\nState Governments,  the Medical\t Council of  India  and\t the
\nBombay University so that, if the revised schemes are not in
\naccordance with\t the directions given by us in this Judgment
\nin  any\t respect,  they\t may  be  able\tto  point  out\tsuch
\ndiscrepancies in the revised schemes.\n<\/p>\n
     Before we part with this Judgment we would like to make
\nit clear  that this  Judgment given  by\t us  should  not  be
\nconstrued as  in any  manner  prejudicing  or  affecting  or
\ndetracting from\t any rule,  regulation\tor  other  provision
\nentitling students from other States including the States of
\nAndhra Pradesh\tand Jammu  & Kashmir  to be  considered\t for
\nadmission to  the  remaining  85%  and\t75%  seats  for\t the
\nMBBS\/BDS course\t and post-graduate  courses respectively. We
\nwould also  like the Government of India to consider whether
\nit would  not be  desirable to set up Regional Institutes of
\nMedical Sciences  where admission  would be open to students
\nfrom all  over the  country and\t where a  high\tstandard  of
\nexcellence would  be maintained. If such Regional Institutes
\nof Medical  Sciences are  set up  providing  opportunity  to
\nstudents from  all over the country to compete for admission
\non the\tbasis of merit, it may become unnecessary to reserve
\n15% of\tthe total  number of  seats  for  admission  to\t the
\nMBBS\/BDS course\t and 25%  of the  total number\tof seats for
\nadmission to  post graduate  courses in each medical college
\nor  institution\t  on  the   basis  of\tAll  India  Entrance
\nExamination.\n<\/p>\n
     The writ  petitions will now come up for hearing on 4th
\nAugust 1986 for confirmation of the revised schemes prepared
\nby the Government of India in accordance with the directions
\ngiven in this Judgment.\n<\/p>\n
P.S.S.\n<\/p>\n
367<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Dinesh Kumar & Ors vs Motilal Nehru Medical College, … on 21 July, 1986 Equivalent citations: 1986 AIR 1877, 1986 SCR (3) 345 Author: P Bhagwati Bench: Bhagwati, P.N. (Cj) PETITIONER: DINESH KUMAR & ORS. Vs. RESPONDENT: MOTILAL NEHRU MEDICAL COLLEGE, ALLAHABAD & ORS 13 DATE OF JUDGMENT21\/07\/1986 BENCH: BHAGWATI, P.N. […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-26172","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nDinesh Kumar & Ors vs Motilal Nehru Medical College, ... on 21 July, 1986 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/dinesh-kumar-ors-vs-motilal-nehru-medical-college-on-21-july-1986\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Dinesh Kumar & Ors vs Motilal Nehru Medical College, ... on 21 July, 1986 - 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