Supreme Court of India
DR. DINESH KUMAR & ORS.versusMOTILAL NEHRU MEDICAL COLLEGE, ALLAHABAD & ORS.
- Citation
- 1987 INSC 268
- Decided
- 25 September 1987
- Disposal
- Directions issued
Holding
The Court directed a uniform three‑year postgraduate medical curriculum from 1993, allowed the diploma qualification only until 1992, refrained from ordering any measures for super‑specialities, and prescribed the detailed timetable for the All India entrance examination.
Summary
The Supreme Court was asked to finalise the scheme for an All India entrance examination to fill the 25% of postgraduate medical seats reserved on the basis of institutional preference, following its earlier judgment in Dr. Pradeep Jain v. Union of India. The Court considered three ancillary issues: the structuring of postgraduate courses, whether a diploma should qualify a candidate for admission (as practiced in Tamil Nadu), and the need for directions on super‑speciality admissions. It allowed the existing two‑year plus one‑year housemanship pattern to continue until 1992, but directed that from 1993 all postgraduate courses shall be a uniform three‑year programme without housemanship. The diploma qualification was permitted to continue only until 1992, after which it would no longer be a prerequisite for admission. No specific order was made regarding super‑specialities, as the seats were few and no immediate need was seen. The Court also laid down the timetable for the 1988 selection examination – announcement on 1 October 1987, exam on the second Sunday of January, results within four weeks, and admission commencing in May – and directed all relevant authorities to implement the scheme.
Issues considered
- How should postgraduate medical courses be structured uniformly across India?
- Should a diploma be accepted as a qualification for admission to postgraduate medical courses?
- What directions, if any, are required for admissions to super‑speciality and higher medical degrees?
- How should the schedule and procedure for the All India postgraduate entrance examination be finalised?
Subjects
medical educationpostgraduate admissionAll India entrance examinationuniform curriculumdiploma qualificationsuper specialtiesreservationinstitutional preference
Judgment
DR. DINESH KUMAR & ORS.
A
v.
MOTILAL NEHRU MEDICAL COLLEGE,
ALLAHABAD & ORS .
•
SEPTEMBER 25, 1987
B
[RANGANATH MISRA AND MURARI MOHON DUTT, JJ.)
Professional Colleges-Medical Colleges-Admission to Post
Graduate Courses-Structuring of courses-Common pattern and
uniform system-Necessity for-Holding of all India examination for
reserved seats-Directions by Court.
c
Sequel to the main judgment delivered on June 22, 1984 by this
Court in Dr. Pradeep Jain, etc., etc. v. Union of India and others,
(1984] 3 SCR 942 regarding admission for fixed percentage of seats in
different courses of study in the medical faculties on an All India basis,
the question of finalising the scheme for holding the All India Examina- D
lion to fill up 25% seats reserved on the basis of institutional preference
for admission to the post graduate courses like MDS, MS etc. came up
before this Court.
Laying down a detailed programme relating to selection examina-
tion, the Court, E
- HELD: Apart from finalising the schedule for holding of the
selection examination, three aspects or the matter, viz. (1) structuring
the Post Graduate courses, (2) the question of diploma being a qualifi-
cation for admission to such courses as In Tamil Nadu, and (3) provision
in regard to super specialities, like M.D. and other higher degrees F
require consideration. 13540]
In some States at present the post graduate course is for a term of
two years with housemanship of one year while in other States it is a full
term of three years. If a common pattern is directed to be adopted
immediately there may be some difficulty. A uniform practice has to be G
evolved so that the discipline would be introduced. The present
arrangement will, therefore, continue for a period or five years. i.e.,
upto 1992. [354E-FI
For admission beginning from 1993, there would be only one
pattern, namely, a three year course without any housemanship. All H
351
352 SUPREME COURT REPORTS [1988] l S.C.It
A Universities and institutions shall take timely steps to bring about such
amendments &fl may be necessary ih accord With this direction before
the end of 1991 so that there may be no scope for raising of any dispute.
The uniform pattern has to be implemented for 199:}. [354F-G J
It is proper that one uniform system is brought into operation
B throughout the country. The system now prevailing in the State of
Tamil Nadu regarding the diploma shall continue until 1992. From 1993 -v-·
there would be no necessity for the diploma to be a qualification tor '
admission to post graduate courses. [354G-H; 35SA]
In regard to super specialities and other higher degrees, the
C number of such seats are not many and, therefore, there is no necessity
to make any directions in regard to admissions therefor at present and -{...
until necessity arises it is not appropriate that the Court should consider
that question. [355Bl
D The announcement for holding of examination for the selection of
1988 shall be made on October 1, 1987. As already decided, the exami-
nation shall be conducted by the All India Institute of Medical Sciences,
New Delhi. [355G l
ORIGINAL JURISDICTION: Civil Misc. Petition No. 7667 of ~
E 1987.
In
Writ Petition Nos. 348-352 of 1985.
F (Under Article 32 of the Constitution oflndia).
Madan Lokur for the Petitioners.
G. Viswanatha Iyer, P.K. Pillai, M.K.D. Namb6odary for the
State of Kerala.
G
J .R. Das and D.K. Sinha for the State of West Bengal.
A.K. Ganguli, Mariapputham for the State of Himachal Pradesh.
A.M. Khanwilkar and A.S. Bhasme for the State of Mahara-
H shtra.
DINESH KUMAR v. M.N. MEDICAL COLLEGE 353
K.H. Nobin Singh for the State of Kamataka.
A
B.R. Aggarwala, and Ms. S. Manchanda for Medical Council of
India.
D.N. Devedi, R.P. Srivastava, Mrs. Halida Khatun and Ms. A.
Subhashini for the Union of India. B
P.H. Parekh, E.K. Jose, B.D. Sharma, M.I. Khan, D.N.
Devedi, R.P. Srivastava, P, Parmeshwaran, Mrs. S. Dikshit, A.V.
Rangam, R. Bana, M. Veerappa, B.R. Aggarwal, B.D. Sharma, R.C.
Verma, C. V. Subba Rao, D.K. Sinha, J.R. Dass, M.E. Sardhana,
S.K. Nandy, A.S. Bhasme, A.M. Khanwilkar, P.P. Singh, R.K.
Mehta, T.V.S. Chari, A.K. Sanghi, M.N. Shroff, D. Goburdhan, c
Suryakant, H.K. Puri, M.K.D .. Namboodary, B.P. Singh, K.
Ramkumar, E.M.S. Anam T.V. Ratnam, L.R. Singh, D.R. Agarwal,
R.S. Sodhi Mrs. Sushma Suri, A. Subba Rao, Prabir Choudhary, D.N.
Mukherjee, S.K. Mehta, M.K. Garg, P. Parmeshwam M. Karanja-
wala, L.K. Pandey, K. Rajindera Choudhary, P.C. Kapur, Pramod D
Swarup, T. Sridharan, Rajesh, N.M. Ghatate, Ravi P. Wadhvani,
S.K. Gambhir, D.N. Mishra for the other appearing parties.
The following Order of the Court was delivered:
ORDER E
-
By the main judgment of this Court delivered on 22nd June, 1984
in Dr. Pradeep Jain etc. etc. v. Union of India & Ors., [1984] 3 SCR
942 this Court decided that admission for a fixed percentage of seats in
different courses of study in the Medical Faculties should be on an All
India basis. Dealing with Post Graduate Courses such as MOS and MS F
and the like and taking into consideration broader aspects of equality
of opportunity and institutional continuity in education which as its
own value and relevance, this Court took the view that though residen-
tial requirement within the State should not be a ground for reserva-
tion in admissions to Post Graduate Courses, a certain percentage of
seats may be reserved on the basis of institutional preference in the G
sense that a student who has passed MBBS course from a Medical
College may be given preference for admission to Post Graduate
Course in the same Medical College or University, but such reserva-
tion on the basis of institutional preference should not in any event
exceed 50 per cent of the total number of seats available for admissions
to the Post Graduate course. By a subsequent order made on 21st of H
354 SUPREME COURT REPORTS [1988) 1 S.C.R.
July, 1986 it has been directed that the total number of seats for admis-
A
sion to Post Graduate courses in each Medicdl College or institution
on the basis All India Entrance Examination shall be limited to 25 per
cent. Thereafter we had given direction in regard to finalising the
courses of study and holding of All India Entrance Examination both
for the MBBS as also the Post Graduate Courses. So far as the
B Bachelor's counsel is concerned, by order dated August, 1987, we
have finalised the matter. The question of finalising the scheme in
regard to Post Graduate courses had been left to be dealt with sepa-
rately. We have heard counsel for the Union.of India, the Medical
Council of India and such of the other parties as chose to appear when
the matter came up on 18th September, 1987, and we have perused the
papers relevant to the matter.
c
Three aspects of the matter require consideration of this Court
apart from the question of finalising the schedule relating to holding of
the selection examination and those are: ( 1) structuring the Post
Graduate courses (2) the question of diploma being a qualification for
D admission in Post Graduate course as prevailing in the State of Tamil
Nadu and (3) Provision in regard to super specialities like MD and
other higher degrees.
It appears that in some States at present the Post Graduate
course is for a term of two years with housemanship of one year while
E in other States it is a full term of three years. We find that many of the
States are of the view that this situation should continue. If a common
pattern is directed to be adopted immediately there may be some diffi-
culty. A uniform practice has to be evolved so that the discipline would
be introduced. We accordingly allow the present arrangement to con-
tinue for a period of five years i.e. upto 1992 inclusive. For admission
-
F beginning from 1993 there would be only one pattern, namely, a three
year course without any housemanship. All Universities and institu- }-
tions shall take timely steps to bring about such amendments as may be
necessary to bring statutes, regulations, and rules obtaining in their
respective institutions in accord with this direction before the end of
1991 so that there may be no scope for raising of any dispute in regard
Q to the matter. The uniform pattern has to be implemented for 1993.
It is proper that one uniform system is brought into vogue
throughout the country. The justification for such a course has been ~
appropriately emphasised both in the main judgment as also in the
intermediate order made by us and there is no necessity to reiterate
H the reasoning now. We, however, allow the system now prevailing in
DINESH KUMAR v. M.N. MEDICAL COLLEGE 355
the State of Tamil Nadu regarding the diploma until 1992. From 1993
there would be no necessity for the diploma to be a qualification for A
admission to Post Graduate courses.
We do not intend to make any provision in our order in regard to
super specialities and other higher degrees. The number of such seats
are not many. We are of the view that there is no necessity to make any B
directions in regard to admissions therefor at present and until necessity
arises it is not appropriate that the Court should consider that
-
question.
What remains now to be dealt with is the finalisation of the
programme relating to the selection examination. As already decided
the selection examination shall be conducted by the All India Institute C
of Medical Sciences, New Delhi. The announcement for holding of the
selection examination shall be made on the 1st of October of every
year and a full four weeks' time would be made available to candidates
for making their applications. After the applications are received not
later than six weeks from October, the some would be scrutinised and D
duly processed and admit cards would be issued. Examination shall be
held on the second Sunday of January. The results of examination shall
be announced within four weeks from holding of the examination.
Admission shall commence two weeks after the declaration of results.'
The last date for taking admission shall be six weeks from the date of
the announcement of results but the Head of every institution shall be E
entitled to condone delay upto seven days for reasons shown and
- grounds recorded in special cases. The courses of study shall comm-
ence in every institution providing such study throughout the country
from Second May. Notification Announcing Examination publication
of result and allotment of place of admission (keeping preferences in
view and our directions regarding preference of lady candidates in F
places of proximity to residence) shall be published in two successive
issues of one national paper in English having large circulation in every
State and at least in two local papers in the language of the State as
quickly as possible.
We have already directed that the scheme for post Graduate G
course shall be operative in 1988, we accordingly direct that for the
selection of 1988, the announcement for holding of examination be
made on 1st of October, 1987.
All directions necessary for the Post Graduate courses are now
complete. We direct the Union of India, the Medical Council of India, H
356 SUPREME COURT REPORTS [1988] I S.C.R.
A the State Governments, Universities, Medical Institutions and all
other authorities that may be involved in implementation of the
scheme to give full effect to the orders and direction made by this
Court in the proper spirit so that the scheme may become operative as
directed. We make it clear that no application for any modification of
B matters already covered by our order henceforth shall ordinarily be
entertained.
A copy of this order shall be communicated forthwith to the
-
Chief Secretary of every State and Union Territory for compliance. A
copy of it be also sent to the Director General, All India Radio and
Doordarshan for appropriate publicity of the order in general interest.
c
N.P.V.
-
}--
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