Contact us   Feedback   Annual Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

1989 (3) TMI 384 - SUPREME COURT OF INDIA

1989 (3) TMI 384 - SUPREME COURT OF INDIA - 1989 AIR 1194, 1989 (1) SCR 919, 1989 (2) SCC 249, 1989 (1) JT 468, 1989 (1) SCALE 670 - C.A. 2792 of 1988 - Dated:- 7-3-1989 - Dutt, M.M., And Thommen, T.K., JJ. For the appearing : G. Ramaswamy, Additional Solicitor General, T.R. Andyarujuna, V.V. Vaze, V.M. Tarkude, D.N. Misra, M.D. Siodia, Pinaki Misra, P.H. Parekh, Ms. Sunita Sharma, A.M. Khanwilkar, A.S. Bhasme, Dalveer Bhandari, Vijay Thorat, Raian Karanjawala, Mrs. Manik Karanjawala, Ms. Meenak .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the Government Medical College, both the rules providing for collegewise institutional preference for admission in the M.D. Course. By the impugned judgment, the High Court allowed the writ petitions out of which these appeals arise, and struck down the impugned rule 4(A) in whole and rule 5 (wrongly stated as rule 6 in the High Court judgment), in so far as it applies to the Government Medical College in the city of Bombay, as discriminatory and viola- tive of Article 14 of the Constitution an .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

amed under the Government Resolution dated June 18, 1971 reads as follows: 5. ........................................... ................ . While selecting from amongst eligi- ble candidates preference will be given to the students of that college i.e. who passed their final M.B.B.S. Examination from that college in Broad specialities and their ancillary discipline." There are four medical colleges in the city of Bombay, and affiliated to the University of Bombay. Of these four medical col .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

some candidates who were not admitted in the M.D. Course in the respective colleges from which they had passed their MBBS Examination, were not also admitted in the other medical colleges in the city of Bombay, in view of collegewise institutional preference as provided by rule 4(A) in respect of three Municipal Colleges and by rule 5 relating to GMC, the Maharashtra Government College. The High Court, as stated already, struck down rule 4(A) and rule 5 in part and allowed the writ petitions. H .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

l Colleges and the Government College in the city of Bombay, such preference or reservation in respect of certain percentage of seats is quite permissible and will not be hit by the provision of Article 14 of the Constitution. In Pradeep Jain's case, the question that has been considered by this Court as noted by Bhagwati, J. (as he then was) is whether, consistently with the constitutional values, admissions to a medical college or any other institution of higher learning situate in a State .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ion. It has been ruled in Pradeep Jain's case that effort must always be to select the best and most meritori- ous students for admission to technical institutions and medical colleges by providing equal opportunity to all citizens in the country, and that it would be against na- tional interest to admit in medical colleges or other insti- tutions giving instruction in specialities, less meritorious students when more meritorious students are available. So, wholesale reservation on the basis .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

otal number of open seats after taking into account other kinds of reservation validly made, the 70 per cent reserva- tions needs to be reduced if the Indian Medical Council determines a shorter outer limit. The institutional preference that has been referred to in the observation of Bhagwati, J. does not at all relate to collegewise institutional preference, with which we are concerned. The learned Additional Solicitor General has, however, placed strong reliance on the following observation ma .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

and value, we would direct that though residence requirement within the State shall not be a ground for reservation in admissions to post-graduate courses, a certain percentage of seats may in the present circumstances, be reserved on the basis of institutional preference in the sense that a student who has passed M.B.B .S. course from a medical college or university may be given preference for admission to the post- graduate course in the same medical colleges or university but such reservatio .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

neuro-surgery and cardiology are concerned, there should be no reservation at all even on the basis of institutional preference and admissions should be granted purely on merit on all India basis." It is urged by the learned Additional Solicitor General that in Pradeep Jain's case collegewise institutional pref- erence has been recognised and upheld, as is apparent from ,the above observation, particularly from the observation "a certain percentage of seats may, in the present cir .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

quot;institutional preference" has been used in the said observation in respect of a medical college or a university, but we do not think that in making that observa- tion Bhagwati, J. had in his mind collegewise institutional preference. Any observation in a judgment has to be read and understood in the context of facts of that particular case in respect of which such observation has been made. As has been pointed out, the question that has been considered in Pradeep Jain's case relate .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ed a separate but concur- ring judgment, that the Court had no occasion to consider the question of collegewise institutional preference in matters of admission to M.D. Course. In the circumstances, we are unable to accept the contention of the learned Addi- tional Solicitor General that this Court in Pradeep's Jain's case has upheld or recognised collegewise institutional preference of seats in medical colleges for admission in M.D. Course. The position is clarified in a subsequent deci .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ible, without violating the mandate of the equality clause to provide a high percentage of reservation or preference for students coming from that region because without reservation or preference students from such back- ward region will hardly be able to compete with those from advanced regions, since they would not have adequate oppor- tunity for development so as to be in a position to compete with others. Further, it has been observed that it would not be unconstitutional for the State to pr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ce if students residing in the region of a particular university are compelled to move to the region of another university for medical education which they might have to do if selection for admission to the medical colleges in the entire State were to be based on merit without any reserva- tion or preference regionwise. There may be a large number of students who, if they do not get admission in the medical college near their residence and are assigned admission in a college in another region on .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

hey might find it difficult to pursue medical educa- tion in a medical college situated in another region where hostel facilities may not be available and even if hostel facilities are available, the parents may hesitate to send them to the hotels. Even with regard to regionwise reservation of certain percentage of seats in medical colleges, except for the reasons mentioned above, this Court in Nidamarti's case has turned down the contention that the provision of the im- pugned rule, that is .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t been able to compete with students from advanced regions and, conse- quently, the classification made by the provision was con- stitutionally permissible. Thus, except in certain circum- stances, even regionwise reservation of seats in medical colleges has not been approved by this Court. In Pradeep Jain's case, merely because the expression "institutional preference" has been used with reference to a student pass- ing the MBBS Course from a medical college or a university, it do .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e judgment for himself and for Chinnappa Reddy, J. Pathak, J. (as he then was) agreed with the judgment of Krishna Iyer, J. that the writ petition should be dismissed, but he gave his own reasons. The reasons of Pathak, J. are, inter alia, con- tained in the following observations: "It is not beyond reason that a student who enters a medical college for his graduate studies and pursues them for the requisite period of years should prefer on graduation to continue in the same institution for .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

a specialised and deeper experience in what has gone before. The student has become familiar with the teaching techniques and standards of scholarship, and has adjusted his responses and reactions accordingly. The continuity of studies ensures a higher degree of competence in the assimilation of knowledge and experience. Not infrequently some of the same staff of Professors and Readers may lecture to the post-graduate classes also. Over the under-graduate years the teacher has come to understand .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

titutional system is not violated. It has been said sometimes that classification contradicts equality. To my mind, classification is a feature of the very core of equality. It is a vital concept in ensuring equality, for those who are similarly situated alone from a class between them- selves, and the classification is not vulnerable to challenge if its constituent basis is reasonably related to achieving the object of the concerned law. An institutional preference of the kind considered here d .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

and qualify themselves for postgraduate course. As the graduates from the Delhi Univer- sity could not be accommodated fully or even in part for the post-graduate course in Medicine and as these graduates were not considered for admission into other universities, Delhi University had earmarked some seats at the post-graduate level in Medicine for the medical graduates of Delhi Univer- sity. By the impugened rule, 70 per cent of the seats at the post-graduate level was reserved for Delhi graduat .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t reference to the context of the facts and the question involved in that case, may support to some extent the contention of the appellants, but the contention has to be rejected on a reference to the facts and the question involved in that case. It is, however, submitted by the learned Additional Solicitor General that there are some special facts and circumstances which justify collegewise reservation as provided by the impugned rules 4(A) and 5. It is stated by him that while the theoretical .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

We regret, we are unable to accept such a contention. It is not disputed that in each college the practical examina- tions are conducted by a set of four examiners consisting of one internal examiner from the same college, one external examiner from one of the other three colleges and two exter- nal examiners from outside Bombay. Thus, excepting one internal examiner, three other examiners are external exam- iners and all those examiners are presumably appointed by the University. These examine .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

that different standards are adopted by the colleges in MBBS practical examinations. Equally untenable is the con- tention that because of institutional preference, the dif- ferent marks given by different colleges do not affect the students, as it is the relative merit of the student in the same college which matters in the selection of post-graduate students. We do not find any justification for the apprehen- sion that if the institutional preference is removed and all the candidates from the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the appel- lants is that the facilities differ from college to college in respect of the pattern of patients coming to the hospital attached to each college. By way of illustration, it is stated that in the hospital attached to Lokmanya Tilak Memorial Medical College there is maximum load of trauma cases (accidents and injuries), the number of such cases is much higher than that in the hospital attached to the three other colleges. The under-graduate students in Lokmanya Tilak Memorial Medical C .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

he case of the University that the standard prescribed by it is not maintained in different colleges or that any particular college is higher in standard in a particular subject than that in another college. It may be that the number of acce- dent and injury cases in the hospital attached to Lokmanya Tilak Memorial Medical College is higher than the number of such cases in the hospitals attached to other colleges, but that does not prove or lead to the conclusion that the students of other colle .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

all other students obtaining their MBBS Degree from the other colleges. In order that a classi- fication is a permissible one within the meaning of Article 14 of the Constitution, two tests are to be satisfied, namely, (1) that there is an intelligible differentia which distinguishes persons grouped together from those who are left out of the group; and (2) that there is a rational nexus to the object sought to be achieved by the impugned rules. The object sought to be achieved by the impugned .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

. M.S. General Surgery 4 2 3 3+ I(R) 4. M.D. General Medicine 4 3 3 3+ I(R) In Seth G.S. Medical College (GSMC), there are five seats in Obstetrics and Gynaecology and one seat in Topiwala Nationl Medical College (TNMC). In view of the impugned rules providing collegewise institutional preference, five seats in Obstetrics and Gynaecology in Seth G.S. Medical College were allotted to five of its students. Of these five students, Dr. Ganpat Sawant secured 150 marks and the four other candidates se .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nd Dr. Sumeet Godambe secured more marks than the students admitted in the post-graduate course in Obstetrics and Gynaecolocy in the said G.S. Medical College, except the said Dr. Ganpat Sawant, they were refused admission in view of collegewise institutional preference. Similarly, in respect of other disciplines many meritorious students could not get admission even though they secured higher marks than those admitted in the post-graduate degree course by virtue of the impugned rules. Thus, the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

referred. When the university is the same for all these colleges, the syllabus, the standard of examination and even the examiners are the same, any preference to candidates to the post-graduate degree course of the same university, except in order of merit, will exclude merit to a great extent affecting the standard of educational insti- tutions. In such circumstances, collegewise institutional preference cannot be supported and, it has already been noticed that this Court has not approved of s .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rned candidate has passed his final MBBS Examination. This collegewise institutional preference has been disapproved by this Court in that case and the impugned Ordinance has been struck down. The learned Additional Solicitor General sought to distinguish Dr. Ashok Kumar Gupta's case from the instant case. We do not think that the said case is distinguishable from the case with which we are concerned, inasmuch as in both the cases the question of collegewise or college-based institutional pr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nd do not satisfy the tests of reasonable classification and, as much, cannot be sustained. It is next contended on behalf of the appellants that as the Bombay Municipal Corporation has to spend a lot of money for the running of the three colleges sponsored by it, seats for the postgraduate course should be reserved in these three colleges for the students passing the MBBS Examination from any of these colleges. If such reservation is allowed, the students of the Maharashtra Government College, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ive preference to the students of the Munic- ipal Colleges, of course, to the exclusion of the students of the Government College. This contention, in our opinion, is without any substance. It may be that the Bombay Munici- pal Corporation has to spend a lot of money for the colleges run by it, but that will be no ground for making a discrimi- nation between the students of the Municipal Colleges and those of the Government College affiliated to the same university, for the purpose of admission .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ipal Colleges. We are unable to permit such discrimination in the matter of admission in the M.D. Course. Another ground on which collegewise institutional preference has been sought to be justified by the learned Additional Solicitor General is on the basis of institutional continui- ty. In support of this ground of institutional continuity, the learned Additional Solicitor General has placed much reliance on the observations of Pathak, J. in Jagdish Sa- ran's case, which has already been e .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

by the Bombay Municipal Corpo- ration and part of rule 5 flamed under the Government Reso- lution, that is to say, only in respect of its application to the Grant Medical College in the city of Bombay relating to admission to post-graduate M.D. Course. We, however, make it clear that the students who have been admitted to post- graduate M.D. Course pursuant to the impugned rules, their admission shall not be interfered with or disturbed. At this state, we may consider the submission of Mr. Lalit .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ploma course in any of the Municipal Colleges. We are told by the learned Counsel appearing for the State Government and the Bombay Municipal Corporation that if the impugned rules are struck down, they will have to frame fresh rules consistent with the judgment of this Court and, as we have directed not to disturb admission of the candidates in the post-graduate M.D. Course pursuant to the impugned rules, we consider the prayer made by the applicants as quite reasonable and, accordingly, direct .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

eir choice in view of the impugned rules, may be considered by the State of Maharashtra and the Municipal Corporation of Greater Bombay, in case seats are available, either in the Municipal Colleges or in the Grant Medical College, which is a Government College. In our opinion, the prayer is quite reasonable and the State of Maharashtra and the Bombay Municipal Corporation are directed to consider the question of their admission, provided seats are avail- able. The names of the said respondents .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version