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PETITIONER: DINESH KUMAR & ORS.

       Vs.

RESPONDENT: MOTILAL NEHRU MEDICAL COLLEGE, ALLAHABAD & ORS 13

DATE OF JUDGMENT21/07/1986

BENCH: BHAGWATI, P.N. (CJ) BENCH: BHAGWATI, P.N. (CJ) MISRA RANGNATH

CITATION:  1986 AIR 1877            1986 SCR  (3) 345  1986 SCC  (3) 727        JT 1986    97  1986 SCALE  (2)188  CITATOR INFO :  D          1990 SC 851  (3)  RF         1992 SC1475  (3)

ACT:      Professional Colleges-Admission  to  Medical  Colleges- Graduate and  Post-Graduate  Courses-Reservation  of  seats- Holding of  All-lndia Entrance Examinations-No weightage for rural service in admission to Post-Graduate Courses.

HEADNOTE:      By its  main judgment  in the  case, the  Court on 22nd June 1384  fixed the  outer limit of reservation of seats in the medical  colleges in the State for admission to the MBBS and BDS  courses at 70 per cent. In respect of the resultant 30 per  cent of  the open seats thus available for admission of students  on All India basis irrespective of the State or University from  which they  come,  it  directed  that  such admission shall  be granted  purely on merit on the basis of either  an   All  India  Entrance  Examination  or  entrance examination to  be held by the State. In regard to admission to post-graduate courses such as MD, MS and the like, taking note of  the institutional  preference it took the view that such reservation  should not in any event exceed SO per cent of the total number of open seats available for admission.      On the  failure of  the Government  of  India  and  the Indian Medical  Council to  make necessary  arrangements for holding  an   All-lndia  Entrance   Examination,  the  Court directed the  Indian Medical  Council to come forward with a scheme of  examination  for  regulating  admission  to  non- reserved seats for the above courses.      Pursuant to a direction of the Court given on September 16,  1985  the  Ministry  of  Health,  Government  of  India convened a  meeting of  the Deans  of Medical  Faculties  of various Universities,  Health Secretaries  of various  State Governments, the  representatives of  the Medical Council of India,  Dental   Council  of   India,  National   Board   of Examinations, National  Academy of  Medical Sciences and the Central Board of H 346 Secondary Education  to consider  the scheme prepared by the Medical Council  of  India,  which  was  then  modified  and

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redrafted.      When the  revised scheme submitted by the Government of India was  taken up  for consideration  counsel for  various State  Governments   made  their  submissions  pleading  for certain changes in the scheme. ^      Modifying the main judgment, the Court directed:      1. The All-India Entrance Examination should be held in the English language. Since the medium of instruction in the MBBS/BDS course  and post-Graduate courses is in English and the entire  medical  education  is  being  imparted  in  the English language  throughout the  country,  and  it  is  not practically  feasible   to  hold   the  All-India   Entrance Examination in diverse regional languages. [354A-B]      2.1 To  be fair  and  just  and  to  bring  about  real equality of  opportunity in admission to the MBBS/BDS course without placing the students in one State in an advantageous or disadvantageous  position as  compared to the students in another State  not less than 15 per cent of the total number of seats  in each  medical college  or institution,  without taking into  account any reservations validly made, shall be filled on  the basis  of All-India  Entrance Examination, in modification of  the formula  adopted in  the main judgment. [355F-G]      2.2 The  same formula  must apply  also  in  regard  to admissions to  the post-Graduate  courses,  and  instead  of making available  for admission  on all-India  basis 50  per cent  of   the  open   seats,  after   taking  into  account reservations validly  made, not less than 25 per cent of the total number  of  seats  without  taking  into  account  any reservations, shall  be made  available for  being filled on the basis of All-India Entrance Examination.      3. The  students from  the States of Andhra Pradesh and Jammu and  Kashmir should  not be  entitled to appear in the All-India Entrance Examination, unless these States agree to make not  less than 15 per cent of the total number of seats for the MBBS/BDS course and not less than 25 per cent of the total number of seats for the post-graduate courses in their respective medical  colleges or  institutions available  for admission on the basis of All-lndia Entrance Examination.      4. The  syllabus for the All-India Entrance Examination framed 347 by  the  Medical  Council  of  India  and  accepted  by  the Government of  A India and all the State Governments. except the  State   of  Maharashtra.  is  approved.  The  Education Department of  each State  as also  the Board  of  Secondary and/or Higher  Secondary Education in each State to suitably amend its  syllabus or  course for  the 12th  year so  as to bring it  in line  with the  syllabus approved,  so that the students passing the qualifying examination of 12th year may be  properly   equipped  to   face  the  All-India  Entrance Examination. Adoption  of a  common syllabus  at +  12 level throughout the  country for  the sake  of uniformity  in the educational pattern is desirable.      5. Until  an independent statutory body to conduct All- lndia Entrance  Examinations, both  for the  MBBS BDS course and the  Post- graduate courses is set up, the Central Board of  Secondary  Education  to  hold  the  All-India  Entrance Examination for  admission to  the  MBBS/  BDS  course.  The Government of  India to  provide the  necessary finance  for holding such  examination. The  Government of  India also to arrange  for   the  conduct   of  the   All  India  Entrance Examination  for  post-graduate  courses  by  the  All-lndia Institute of  Medical Sciences  and to provide the necessary

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facilities and  finance. If  for any  reason, the  All India Institute of  Medical Sciences  is not prepared to undertake the task,  the Government  of India may entrust this task to the Medical Council of India.      6. The  scheme of  the All-India  Entrance Examinations necessarily  to   be  confined   to  medical   colleges   or institutions rum by the Union of India or a State Government or  a  Municipal  or  other  local  authority.  The  medical colleges or  institutions excepted from the operation of the judgment dated  22nd  June  1984  will  continue  to  remain outside the scope of the scheme.      7. The  All-lndia Entrance Examination for the MBBS BDS course shall  be held  once in  a year which may commence at any time between 15th July and Ist of August every year. One more date  added to para 14 of the scheme, namely the result of the  All-lndia Entrance  Examination  shall  be  declared sometime between  15th and  20th June.  A list of successful candidates shall  be prepared in order of merit and it shall comprise the  names of  as many  students as  the number  of vacant seats available for admission, plus 10 per cent more, and there  shall also  be a waiting list. The students shall be entitled  to appear at the All-lndia Entrance Examination even if the result of the qualifying examination has not yet been declared. H 348      8.1  There   should  be  only  one  All-lndia  Entrance Examination for  the post-graduate  courses in  a year,  for which general  announcement to  be made  in the last week of November, application  forms to  be made  available by  post till 10th January, from cash counter till 20th January. Iast date  for   receiving  application   forms   31st   January, competitive test  in middle  of  March,  and  result  to  be declared in  the first  week of  May. Every  student who has passed his  MBBS Examination shall be eligible for appearing at this  examination even  though he  has not  completed his compulsory rotating  internship practical  training, but  he shall not  be entitled to be admitted until he has completed such  internship   or  practical   training   and   obtained registration either  from the  Medical Council of India or a State Medical Council.      8.2  Admissions   to  post-graduate   courses  for  the academic year  commencing in  1387 may be given on the basis that the judgment dated 22nd June, 1384 does not govern such admissions, but an All-lndia Entrance Examination would have to be  held in  1387 for  the students  who would be passing MBBS Examination  in the  end  of  1986  and  who  would  be completing their  compulsory  rotating  internship/practical training in  the end  of 1387 and seeking admission to post- graduate courses  for the  academic year commencing in 1988. However, it  would be open to a student to appear at the All India Entrance  Examination even  after he has completed his compulsory rotating  internship/practical  training  and  he would be  entitled to  compete for admission to postgraduate courses for  the academic  year  immediately  following  the completion of his internship or practical training.      9. No  weightage should  be given  to a  candidate  for rural service rendered by him. So far as admissions to post- graduate courses are concerned, when selection of candidates is being made for admission on an All-India basis, no factor other than  merit should  be allowed  to tilt the balance in favour of a candidate.      10.  Directions   not  to  be  construed  in  a  manner prejudicing  or  affecting  or  detracting  from  any  rule, regulation or  other provision entitling students from other States, including the States of Andhra Pradesh and Jammu and

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Kashmir, to  be considered for admission to the remaining 85 per cent  and 75  per cent seats for the MBBS/BDS course and post-graduate courses respectively.      11. The  (Government of  India to  consider setting  up Regional Institutes  of  Medical  Sciences  where  admission would be open to stu- 349 dents from  all over the country. If such institutes are set up providing  A opportunity  to students  from all  over the country to  compete for  admission on the basis of merit, it may become  unnecessary to  reserve IS per cent of the total number of  seats for admission to the MBBS/BDS course and 25 per cent  of the  total number  of seats  for  admission  to postgraduate courses  in each medical college or institution on the basis of All India Entrance Examination.

JUDGMENT:      ORIGINAL JURISDlCTION:  Writ Petition (Civil) Nos. 348- 352 of 1985      Under Article 32 of the Constitution of India.      P.P. Singh,  M. Veerappa,  P.H.  Parekh,  B.D.  Sharma, N.M.Ghatate, R.N.  Poddar, M.N. Shroff, Madan Lokur, Mrs. S. Dixit, Surya  Kant, R.C. Verma, L.K. Pandey, D.N. Mukherjee, A.S.Bhasme, S.K.  Nandy and  A.V. Rangam  for the  appearing parties.      The Judgment of the Court was delivered by      BHAGWATI, CJ:  The  main  judgment  in  this  case  was delivered by  us on  22nd June  1984 and  we  held  in  that judgment that  "wholesale reservation  made by  some of  the State Governments  on the  basis of  ’domicile’ or residence requirement  within   the  State   or  on   the   basis   of institutional preference  for students  who have  passed the qualifying examination  held by the University or the State, excluding all  students  not  satisfying  this  requirement, regardless  of  merit"  was  unconstitutional  and  void  as offending the  equality clause of the Constitution.But after condemning  such  wholesale  reservation,  we  proceeded  to observe that  the very mandate of the equality clause viewed in the  perspective of  social justice,  would justify  some extent of  reservation based on residence requirement within the  State  or  on  institutional  preference  for  students passing the qualifying examination held by the University or the State  and addressing  ourselves to the question to what extent   such    reservation   might    be    regarded    as constitutionally permissible, we said: G           "It is  not  possible  to  provide  a  categorical           answer to this question, for as pointed out by the           policy statement  of the  Government of India, the           extent of such reservation would depend on several           factors including  opportunities for  professional           education in that particular area, the extent of 350           competition, level of education development of the           area and other relevant factors. It may be that in           a State where the level of educational development           is   woefully   low,   there   are   comparatively           inadequate  opportunities   for  training  in  the           medical speciality and there is large scale social           and   economic    backwardness,   there   may   be           justification  for   reservation   of   a   higher           percentage of seats in the medical colleges in the           State and  such higher  percentage of seats in the           medical colleges  in the  State may  not  militate

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         against  "the   equality  mandate  viewed  in  the           perspective of  social justice". So many variables           depending on  social and  economic  facts  in  the           context of  educational opportunities  would enter           into the  determination of the question as to what           in the case of any particular State, should be the           limit   of    reservation   based   on   residence           requirement within  the State  or on institutional           preference. But,  in our opinion, such reservation           should in  no event  exceed the  outer limit of 70           per cent  of the  total number of open seats after           taking into  account other  kinds of  reservations           validly  made.   The  Medical   Education   Review           Committee  had  suggested  that  the  outer  limit           should not  exceed 75  per cent  but we are of the           view that  it would  be fair  and just  to fix the           outer limit  at 70  per cent.  We are  laying down           this outer  limit of  reservation in an attempt to           reconcile the  apparently  conflicting  claims  of           equality and excellence." We pointed  out that  in the  result at least 30 per cent of the open  seats shall be available for admission of students on All  India basis  irrespective of the State or University from which  they come"  and directed  that "such  admissions shall be  granted purely on merit on the basis of either All India Entrance  Examination or  entrance examination  to  be held by  the State".  This was  the decision  given by us in regard to  admissions to  the MBBS  and BDS courses. We then proceeded to  discuss the  question of  admissions to  post- graduate courses such as MD, MS and the like and taking into account broader  considerations of  equality of  opportunity and institutional  continuity in education which has its own value and  relevance, we took the view that though residence requirement within  the State  should not  be a  ground  for reservation  in   admissions  to  Post-Graduate  courses,  a certain percentage  of seats may be reserved on the basis of institutional preference in the sense that a student who has passed MBBS-course  from a  Medical  College  may  be  given preference for admission to Post 351 Graduate course  in the  same Medical college or University, but  such   reservation  on   the  basis   of  institutional preference should not in any event exceed 50 per cent of the total number  of open  seats available for admissions to the Post-graduate course.      We thought  that pursuant to this judgment delivered by us, the  Government of  India and the Indian Medical Council would make  the necessary  arrangements for  holding an All- India Entrance  Examination for selection of students so far as the  minimum 30  per cent  nonreserved seats for the MBBS course and  the minimum  50% nonreserved  seats for the Post graduate course  were concerned. But, no steps were taken by the Government  of India  or the  Indian Medical Council for holding such  an All-India  Entrance examination and we had, therefore, to give a direction to the Indian Medical Council to come forward with a positive scheme for holding All-India Entrance  Examination   for  regulating  admissions  to  the minimum 30  per cent  non-reserved seats for the MBBS course and the  minimum 50%  nonreserved seats  for  Post  graduate course, so  that admissions  to these  minimum  non-reserved seats may  be made on the basis of comparative evaluation of merit  of  the  students  through  such  All-India  Entrance Examination. We  also pointed  out in  a subsequent judgment delivered by  us on 1st May 1985 that the all-India Entrance Examination should  be conducted  in at  least one centre in

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each State  and that  "having regard  to  the  size  of  the population, the number of students seeking admission and the extent of  the geographical  area of  the State, it might be desirable to  have more  than one  centre in  some State  or States both  in regard  to admissions  to the Post graduate- courses as also in regard to admissions to the MBBS course." It seems  that pursuant  to the  directions given  by us,  a scheme  for   holding  All-India  Entrance  Examination  for admission to  the minimum  30% non-reserved  seats  for  the MBBS/BDS course  as well as for admission to the minimum 50% non-reserved  seats   for  the   Post  graduate  course  was formulated by  the Medical  Council  of  India  and  it  was circulated amongst  the various  State Governments.  Some of the State Governments including the University of Bombay put forward certain  difficulties in  the implementation  of the scheme as suggested by the Medical Council of India. We felt that it  was necessary  to iron  out these difficulties at a representative meeting  and hence  by an  Order made on 16th September  1985,   we  directed  the  Government  of  India, Ministry of  Health to  immediately  proceed  to  convene  a meeting of the Deans of the Faculties of Medicine of various Universities in  the country  and the representatives of the State Governments  and of  the Medical  Council of India and the 352 Dental Council  of India  for the purpose of considering the scheme put  forward by  the Medical  Council  of  India  and carrying out  such modifications  in the  scheme as  may  be expedient and  also, if necessary, evolving a new scheme, so that the  All-India Entrance  Examination both  for the MBBS and BDS  courses as  also for  the Post  graduate courses is held in  a manner  which will  cause  the  least  amount  of hardship and  inconvenience to  the students and at the same time, implement  the directions  in our  Judgment dated 22nd June 1984  as modified  by the subsequent judgment dated 1st May 1985.  We also  directed  that  this  meeting  shall  be convened by  the Ministry  of Health,  Government  of  India within one  month and  a detailed  scheme for  the All-India Entrance Examination  for the  MBBS/BDS  and  Post  Graduate courses shall  be submitted  before the next date of hearing of the  writ petitions.  We also  gave a direction that "the meeting will.........consider whether the All-India Entrance Examination should  be held  by the Medical Council of India or by  any other  appropriate authority or body to be set up for that  purpose" and  "the meeting  will evolve  a  common syllabus for  the All-India  Entrance Examination  and  will also work  out the financial aspects of holding an All-India Entrance Examination".  The Government of India was directed to provide the necessary finances for the purpose of holding the All-India Entrance Examination.      Pursuant to  this direction  given by  us in  our Order dated 16th  September 1985,  a meeting  was convened  by the Ministry of  Health, Government of India for considering the scheme prepared  by the Medical Council of India for holding All-India Entrance  Examination for  the MBBS/BDS  and  Post Graduate courses  and this meeting was attended by the Deans of  Medical   Faculties  of   various  Universities,  Health Secretaries    of    various    State    Governments,    the representatives of  the Medical  Council  of  India,  Dental Council of  India, National  Board of Examinations, National Academy of  Medical Sciences  and Central Board of Secondary Education and  at this  meeting the  representatives of  the Ministry of  Education and  the Ministry  of Law  were  also invited to  express their  opinion. The  scheme submitted by the Medical  Council of India and circulated amongst various

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State Governments  and Deans of Medical Faculties and others was considered at length at this meeting and in the light of the discussions  held at the meeting the scheme was modified and redrafted  and the  scheme so modified and redrafted was submitted by  the Government  of  India  to  the  Court  for acceptance along  with a  Memorandum setting out the revised scheme as Annexure III and pointing out certain difficulties set forth by some of 353 the participants.  The learned  counsel  for  various  State Governments appeared  before  the  Court  when  the  revised scheme was  taken up  for consideration  and they made their submissions pleading  for certain  changes in the scheme. We shall proceed  to consider  these submissions  and deal with them.      The first  objection raised  on behalf  of some  of the State Governments was in regard to the language in which the All-India Entrance  Examination should be held for admission to minimum 30% nonreserved seats for the MBBS/BDS course and minimum 50% nonreserved seats for the post-graduate courses. The Medical Council of India in the revised scheme suggested that the  All-India Entrance  Examination should  be held in the English  language but it was contended on behalf of some of the  State Governments  that it  should be  held  in  the regional languages  and some of the State Governments in the Hindi belt  submitted that  an option should be given to the students to  answer the question papers either in English or in Hindi.  We are afraid we cannot accede to this suggestion made on  behalf of  some of the State Governments. We do not think  that  at  the  present  stage  it  would  at  all  be practicable to  hold the  All-India Entrance  Examination in any language  other than  English. The medium of instruction in the  MBBS/BDS course as also in the post-graduate courses in all  Medical colleges  and institutions in the country is English. The statutory regulations of the Medical Council of India in  regard to  under-graduate medical  education  also prescribe that the medium of instruction for the MBBS course shall be English. Moreover, there would be immense practical and logistic  difficulties in holding the All-India Entrance Examination in  different regional  languages which are many and varied  and if  only Hindi  is allowed as an alternative language in  which the All-India Entrance Examination may be held, there  would be  vehement opposition  from some of the States whose  regional language is other than Hindi and they would insist  that the All-India Entrance Examination should also be  held in  their respective  regional  languages.  Of course, we  do recognise  that in  order to  strengthen  the unity and integrity of the country and promote mobility from one State to another and to avoid creating a situation where an Indian from one State will be a stranger in another State it is  necessary that  there should  be one  common language which should operate as a link language and particularly men in public  life, professionals, intellectuals, academics and the like  should know  such  link  language  and  some  day, hopefully, with  the consensus  of the  people, Hindi  might become such  link language,  but as  the matter stands today since the medium of 354 instruction in the MBBS/BDS course and post-graduate courses is in  English and  the entire  medical education  is  being imparted in  the English language throughout the country and it  is  not  practically  feasible  to  hold  the  All-India Entrance Examination  in diverse  regional languages, we are of the  view that  for the  present at  least, the All-India Entrance Examination should be held in the English language.

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We do  not think  that even for students who have passed the qualifying  examination  with  regional  language  as  their medium of  instruction there  would  be  any  difficulty  in facing the  examination because  they are bound to have some knowledge of  English as  a language  of  comprehension  for otherwise they  would not  be able  to  pursue  the  medical course  in  English  language  and  moreover  the  All-India Entrance Examination  being an  objective test, it would not require close familiarity with the English language.      Another objection raised on behalf of some of the State Governments and particularly the State of Tamil Nadu related to the  following suggestion made in the Scheme submitted by the Government of India:           "It was  felt that  the judgment  of  the  Supreme           Court by which 30% of the open seats for admission           to MBBS/BDS  courses were  to be  arrived at after           taking into  account the reservations validly made           (which term  has not been defined) provides enough           scope to  the State  Governments to  increase  the           number    of    reserved    categories,    thereby           contributing lesser  number  of  seats  for  being           filled on All India basis." The objection  raised by  these State  Governments was  two- fold. Firstly, it was contended that the suggestion that 15% of the  total seats  available  for  admission  to  MBBS/BDS course without  taking into  account any  reservations which may be  made by  the State Government, would tend to produce inequality of  opportunity  for  admission  to  students  in different States since the percentage of reservations varied from State  to State  and secondly,  it was  urged that  the proposal of  the Government of India that valid reservations should not exceed 50% of the total number of seats available for admission,  will reduce  the opportunities which were at present available  to Scheduled Castes, Scheduled Tribes and backward classes  as a  result of reservations exceeding 50% of  the   total  seats  made  in  some  of  the  States  and particularly  in   the  State   of  Tamil   Nadu  where  the reservations exceed 355 60%. We  agree with the second objection raised on behalf of some of  the State  Governments but  so  far  as  the  first objection is  concerned, we do not think it is well-founded. There can  be no  doubt that  if in  each State,  30% of the seats were  to be  made available for admission on the basis of All-India  Entrance Examination after taking into account reservations validly  made, the  number of seats which would be  available  for  admission  on  the  basis  of  All-India Entrance  Examination   would  vary   inversely   with   the percentage of  reservations validly  made in  that State. If the percentage  of reservations  is high  as in the State of Tamil Nadu  or the  State of  Karnataka, the number of seats available for  admission on  the basis of All-India Entrance Examination would be relatively less than what would be in a State where  the percentage  of reservations  is low.  There would thus  be total  inequality in  the  matter  of  making available seats  for admission  on the  basis  of  All-India Entrance Examination. It would be open to a State Government to reduce the number of seats available for admission on the basis of  All-India Entrance  Examination by  increasing the number  of   reserved  categories   or  by   increasing  the percentage of  reservations. We  therefore  agree  with  the Government of  India that  the formula  adopted by us in our main Judgment  dated 22nd  June  1984  for  determining  the number of seats which should be made available for admission on the  basis of  All-India Entrance  Examination should  be

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changed. We  would direct, in accordance with the suggestion made in the Scheme by the Government of India, that not less than 15%  of the  total number  of  seats  in  each  medical college or  institution, without  taking  into  account  any reservations validly  made, shall  be filled on the basis of All-India Entrance  Examination. This  new formula is in our opinion fair  and just  and brings  about real  equality  of opportunity in  admissions to  the MBBS/BDS  course  without placing the  students in  one State  in an  advantageous  or disadvantageous position  as compared  to  the  students  in another State. The same formula must apply also in regard to admissions to  the  post-graduate  courses  and  instead  of making available for admission on all-India basis 50% of the open seats  after taking  into account  reservations validly made, we  would direct  that not  less than 25% of the total number  of   seats   without   taking   into   account   any reservations, shall  be made  available for  being filled on the basis of All-India Entrance Examination. This suggestion of the  Government of  India deserves to be accepted and the objection to it must be overruled.      But so  far as  the second  objection is  concerned, we think there is merit in it. We do not think that it would be right for us to limit the 356 reservations which can be validly made by a State Government in the  matter of  admission to  the MBBS/BDS course and the post-graduate courses  to 50%  of the total number of seats. There are  some States  like Tamil  Nadu and Karnataka which have  reservations   far  exceeding  50%  in  admissions  to MBBS/BDS course  and we  do not  propose  to  restrict  such reservations to  50%. When  we say that we do not propose to limit the  percentage of  reservation to  50 as suggested by the Government  of India  we should  not  be  understood  as laying down  that the State Government may make reservations to  any   extent  it   likes  or   that  the  percentage  of reservations can  validly exceed  50 without  violating  any constitutional  guarantees.  We  are  not  going  into  this question  because   it   does   not   directly   arise   for determination in  this case.  We may  however point out that there is  a considerable  body of  opinion in  favour of the view that  too large  a percentage  of reservations  has the effect of  not only  stifling the  opportunities  of  really brilliant  students  who  do  not  belong  to  the  reserved categories and  creating a  certain  amount  of  frustration leading to class antagonism but also prejudicially affecting the quality and efficiency of the medical services available to people,  particularly in  the  field  of  higher  medical education such as the post graduate courses. There is on the other hand  an  equally  powerful  lobby  which  holds  that reservations must be made in proportion to the population of Scheduled Castes,  Scheduled Tribes  and  backward  classes, because these  classes of  people  have  been  subjected  to oppression and  exploitation and  have been  deprived of all opportunities of education and advancement since a long time and unless  reservations are  made in  their favour and they are given  proper opportunities  by  a  process  of  reverse discrimination, they  will never be able to take their place in society on an equal footing with others and it is only by wiping out  injustice which  has been  done to them for long long years,  by making  reservations in their favour that we shall be  able to  build a  truly egalitarian society. It is the firm  belief of  those who  propound this  view that the theory that  resevations  carried  beyond  a  certain  limit affect the quality and efficiency of the medical services is nothing but an elitist myth which is put forward in order to

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perpetuate the vested interests. These rival arguments raise an interesting  question of  social policy which may have to be decided by this Court at some future point of time but we do not  think that  in the  context of  the present  case it would be  right for us to enter upon a consideration of this question.      The next question raised on behalf of some of the State Governments was  that since the States of Andhra Pradesh and Jammu & 357 Kashmir have  been exempted  from the  operation of the main Judgment dated 22nd June 1984 and these two States would not be liable  to set  apart seats for admission on the basis of All India  Entrance  Examination  and  students  from  other States would  not be entiled to compete for admission to the MBBS/BDS and  post graduate  courses in the medical colleges and institutions  in these  two States,  the  students  from these two  States should  likewise not be entitled to appear in the All India Entrance Examinattion held for admission to the MBBS/BDS  course and  post graduate courses in the other States. Otherwise the result would be that the students from these two  States would  have an advantage over the students from other  States, because they would have all the seats in the medical  colleges and  institutions in  their own  State available to  them for  admission without sharing even a few seats with  students from other States and in addition, they would be  entitled, on  the  basis  of  All  India  Entrance Examination, to  secure admission  to seats  in the  medical colleges and  institutions in  the other  States whereas the students from  the other States would not be entitled to the opportunity to  secure admission in the medical colleges and institutions in  the State  of Andhra  Pradesh and  Jammu  & Kashmir and  this would clearly amount to denial of equality of opportunity.  There is in our opinion great force in this contention. If  the students  from the  other States are not entitled to  compete for  admission to  the medical colleges and institutions in the States of Andhra Pradesh and Jammu & Kashmir,  it  would  clearly  be  inequitous  to  allow  the students from  the States  of Andhra  Pradesh  and  Jammu  & Kashmir to compete for admission in the medical colleges and institutions of  the other  States. The  lack of reciprocity would plainly  and inevitably  result in inequity and giving of undue  advantage to  students from  the States  of Andhra Pradesh and Jammu & Kashmir as against the students from the States of  Andhra Pradesh  and Jammu & Kashmir should not be entitled to  appear in  the All  India Entrance Examination, unless the  States of  Andhra Pradesh  and Jammu  &  Kashmir agree to make not less than 15% of the total number of seats for the  MBBS/BDS course  and not less than 25% of the total number of  seats for  the post  graduate  courses  in  their respective medical  colleges or  institutions available  for admission on the basis of All India Entrance Examination.      The question  then raised was in regard to the syllabus for the  All India  Entrance Examination.  The  syllabus  as framed by  the  Medical  Council  of  India  was  circulated amongst  the  various  authorities  and  ultimately  it  was finalised at the meeting convened by the Ministry of 358 Health, Government  of India  as directed by our Order dated 16th September  1985. Though the participants in the meeting were requested  to send  their comments  in  regard  to  the syllabus  within  10  days  for  the  consideration  of  the Government of  India, no  State except  Maharashtra sent its comments. The  comments offered  by the State of Maharashtra were duly  considered  but  since  the  alterations  in  the

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syllabus suggested  by the  State of  Maharashtra  were  too many, it  was decided  to retain the syllabus as formulated. We approve  of this  syllabus since  it has been accepted by the Medical  Council of  India, the  Government of India and all the  State Government  except the  State of  Maharashtra which also  did not make any submissions to the Court at the hearing of  this case.  Since as  a result  of the direction given by  us on  2nd May  1986 our  judgment dated 22nd June 1984 is  going to  be operative  only with  effect from  the academic year  commencing in  1987 and  the first  All India Entrance Examination  for admission  to the  MBBS/BDS course would be  held only  in June  1987,  we  would  request  the Education Department  of each  State as  also the  Board  of Secondary and/or Higher Secondary Education in each State to take note  of this  syllabus which  we have approved for the All India  Entrance Examination  and to  suitably amend  its syllabus or  course for  the 12th  year so as to bring it in line with  the syllabus  approved by us so that the students passing the  qualifying examination  of the 12th year may be properly   equipped   to   face   the   All-India   Entrance Examination. It  would be  desirable if a common syllabus is adopted at +2 level throughout the country so that there may be uniformity in the educational pattern and the students in various States  may be  able  to  appear  in  the  All-India Entrance Examination  on a  footing of  equality without any undue advantage to one as against the other.      Then there  were a few other questions raised in regard to the  holding of  the All-India  Entrance Examination. The first question  was as  to which  should be  the agency  for holding the  All-India Entrance  Examination. The Government of India pointed out in its Memorandum that the consensus at the meeting  was that  the holding of the All-India Entrance Examination for  admission to  the MBBS/BDS course should be entrusted to  the Medical Council of India but so far as its own  view   was  concerned,  it  clearly  and  categorically expressed its  opinion that  "considering the  fact that the Medical Council  of India  has not  conducted examination of this nature  in the  past and  that the number of candidates appearing in  this examination  would be  quite  large,  the Government  feel   that  the   Central  Board  of  Secondary Education  which   is  already   holding  a  national  level examination at + 2 359 stage would  be the most suitable Organisation". The Medical Council of  India, on  the other hand, strongly pleaded that it was  the most  appropriate agency to which the holding of the All-India  Entrance Examination  should be entrusted. We agree with  the  Government  of  India  that  the  All-India Entrance Examination  for  MBBS/BDS  course  should  not  be allowed to  be held  by the  Medical Council  of India.  The Medical Council  of India  has a  supervising  and  auditing function and  it is  charged with  the duty of ensuring that proper standards  of medical  education are  maintained. The Indian Medical  Council Act,  1956 under  which the  Medical Council of India is constituted does not contemplate holding of any  such entrance  Examination by the Medical Council of India at  the under-graduate  level. Moreover,  the  Medical Council of  India has  no experience  of holding an entrance examination of  such large  magnitude and  we are not at all sure whether  it has  the necessary infrastructure for doing so. It  may also  be  noted  that  the  number  of  students appearing in  the All-India  Entrance Examination  would  be enormously large  and it  is doubtful  whether  the  Medical Council of  India would  be able  to handle such an entrance Examination. It  is undoubtedly  true that  it was  not  the

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Medical Council  of  India  which  took  the  initiative  in suggesting that  it should  be allowed to hold the All-India Entrance Examination.  It was  the Court which requested the Medical Council  of India  to come forward with a scheme for holding an  All-India Entrance  Examination. We  are  indeed grateful to the Medical Council of India for having extended its fullest  cooperation to the Court but we do feel that so far as  the All-India  Entrance Examination for admission to the  MBBS/BDS   course  is   concerned,  it   would  not  be appropriate  to   entrust  the   holding  of  such  entrance Examination to  the Medical  Council of  India. The question then is to which body should the holding of this Examination be entrusted.  We are  of the view that the Central Board of Secondary Education  which has  not only  the infrastructure but also  the experience of holding an All-India Examination for the  12th year  would be  the most appropriate agency to hold the  All-India Entrance  Examination for  admission  to MBBS/BDS course.  The argument  of the  Medical  Council  of India against  entrusting the holding of this Examination to the Central  Board of Secondary Education was that "there is great variation  in the standard of examination conducted by the Central  Board of Secondary Education". But his argument is without  force since  the examination  is going  to be an objective test where the subjective element which might lead to varitations  in the  standard  of  examination  would  be eliminated. We  would therefore  direct the Central Board of Secondary  Education   to  hold   the  All   India  Entrance Examination for admission to the MBBS/ 360 BDS  course.  The  Government  of  India  will  provide  the necessary finances for holding such examination.      So far  as the  All India Entrance Examination for post graduate  courses   is  concerned,   the  holding   of  such examination may  appropriately be entrusted to the All India Institute of  Medical Sciences.  Though it  was the  general consensus at the meeting convened by the Ministry of Health, Government of  India,  pursuant  to  our  Order  dated  16th September 1985  that the  Medical Council of India should be entrusted with  the task  of holding such examination, there was some  opposition to  this proposal  from a  few  of  the participants. We  agree with  these  participants  that  the holding of  this examination  should not be entrusted to the Medical Council  of India. When we say this, we do not for a moment wish to cast any reflection on the Medical Council of India. In  fact, the  Medical  Council  of  India  has  been extremely helpful  in taking  the initiative to work out the modalities of  the All  India Entrance  Examination  and  we reiterate that  we are  extremely grateful  to  the  Medical Council of  India for  the great  assistance which they have given to  the Court.  But, we  do not think that the Medical Council of India would be the appropriate agency for holding such examination. It has neither the infra-structure nor the experience for conducting such examination and, moreover, it is a  supervisory or  auditing body and we would not like it to be  saddled with  the onerous  responsibility of  holding such examination.  Besides, if  the two functions are in the hands of  the same  body supervision and auditing may not be effective. The  All India  Institute of Medical Sciences, on the other  hand, has been holding Entrance Examination every year where  students from  all over  the country compete for admission and it has the necessary infrastructure as well as expertise for holding such examination. We are informed that the All India Institute of Medical Sciences is quite willing to undertake  this task  if the  Government of  India  makes available the necessary facilities including proper funding.

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We would,  therefore, direct  the  Government  of  India  to arrange  for   the  conduct   of  the   All  India  Entrance Examination for  post-graduate  courses  by  the  All  India Institute of  Medical Sciences  and to provide the necessary facilities and  finance which  may be  required by  the  All India Institute  of Medical  Sciences  for  the  purpose  of holding such  examination. If, for any reason, the All India Institute of  Medical Sciences  is not prepared to undertake the task  of conducting  such examination,  then and in that event only, the Government of India may entrust this task to the Medical Council of India. 361      We may  point out that in our opinion it would be ideal to set  up A  in due  course an  independent statutory  body which will  conduct the All India Entrance Examinations both for the  MBBS/BDS course and the post-graduate courses. That would be eminently desirable but until such a statutory body is set  up, the  All-India Entrance Examination for MBBS/BDS course shall  be held  by the  Central  Board  of  Secondary Education and  the All  India Entrance  Examination for  the post graduate  courses  shall  be  held  by  the  All  India Institute of  Medical Sciences  or the  Medical  Council  of India, as the case may be.      There are  a few  other matters in regard to the scheme of the  All India Entrance Examinations which we should like to clarify  and the  scheme submitted  by the  Government of India along with its Memorandum will have to be read subject to the  modifications which we have already discussed in the preceding  paragraphs   of  this   Judgment  as   also   the modifications which we are now proceeding to discuss.           (1) In the first place, the scheme has necessarily           to be confined to medical colleges or institutions           run by the Union of India or a State Government or           a Municipal  or other  local Authority.  It cannot           apply to  private medical colleges or institutions           unless they  are instrumentality  or agency of the           State or  opt to  join the scheme by making 15% of           the total  number of seats for the MBBS/BDS course           and 25% of the total number of seats for the post-           graduate courses,  available for  admission on the           basis of  All India  Entrance  Examination.  Those           medical colleges  or institutions  which  we  have           already  excepted   from  the   operation  of  the           judgment dated  22nd June  1984 will  continue  to           remain outside the scope of the scheme.           (2) Secondly,  the All  India Entrance Examination           for the  MBBS/BDS course  shall be  held once in a           year for the MBBS/BDS course which may commence at           any time  between 15th  July and  1st August  each           year. The  dates indicated  in paragraph 14 of the           scheme  of  All  India  Entrance  Examination  for           MBBS/BDS course  are quite  in order  but we would           add one  more date, namely, that the result of the           All India  Entrance Examination  shall be declared           some time  between 15th  and 20th  June. A list of           successful candidates  shall be  prepared in order           of merit  and it  shall comprise  the names  of as           many students as the number of vac- 362           ant seats  available for  admission plus  10% more           and  there   shall  also  be  a  waiting  list  as           indicated in  paragraph 8  of  the  scheme.  There           shall also  be an  interval of  time of  at  least           three weeks between the date of publication of the           list and  the date  of admission  to  the  medical

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         colleges or institutions covered by the scheme. We           would like to make it clear that students shall be           entitled to  appear  at  the  All  India  Entrance           Examination even  if the  result of the qualifying           examination has  not yet  been declared,  provided           they have  appeared at  the qualifying examination           but they cannot be admitted to the MBBS/BDS course           unless   they    have   passed    the   qualifying           examination.  While   accommodating  the  students           according to  the preference given by them, utmost           care shall  be taken  to see that in priority over           male students,  female students  are  accommodated           near their  place  of  residence,  because  it  is           difficult for  female students  to go to a medical           college or  institution outside the place of their           residence, particularly  since there  is  lack  of           proper hostel  facilities for  female students  at           most of  the places.  The Bulletin  of Information           referred to in paragraph 14 of the Scheme shall be           made available  to the students by 1st February of           each year commencing from 1987.           (3) Thirdly,  so far  as the  All  India  Entrance           Examination  for  the  post  graduate  courses  is           concerned we  are of the view that there should be           only one examination in a year as suggested by the           Government of India in the Scheme submitted by it.           But we  are of the view that it would not be right           to insist  that a  student should  not be eligible           for appearing  at this  examination unless  he has           completed compulsory rotating internship/practical           training programme  and obtained registration from           the Medical  Council of  India or any of the State           Medical Councils. That would greatly inconvenience           the  students.   The  final  MBBS  Examination  is           normally held  in October/November  each year  and           thereafter every student has to undergo compulsory           rotating  internship/practical   training  for   a           period of one year and then only he can be awarded           MBBS Degree  and he  can obtain  registration from           the Medical  Council of  In dia or a State Medical           Council.  If  therefore  it  is  provided  that  a           student shall  be eligible  to appear  at the  All           India  Entrance  Examination  only  after  he  has           acquired MBBS 363           Degree and  obtained registration,  it would  mean           that  he  A  would  be  able  to  appear  at  such           examination only  after a  lapse of about one year           from the  date of his passing MBBS Examination. He           would have  to start preparing again for appearing           at the  All India  Entrance  Examination  after  a           break of  one year  which  is  bound  to  cause  a           certain amount  of hardship  and inconvenience. It           would be  better in  our  view  if  a  student  is           allowed  to  appear  at  the  All  India  Entrance           Examination  after   the  result   of   the   MBBS           Examination is  announced and  he is  declared  to           have passed MBBS Examination, because at that date           the theoretical  part of  the  syllabus  would  be           fresh in  his mind  and  it  would  save  him  the           trouble of  reading the  entire course  over again           after a  period of  one year. We would, therefore,           direct that  the tentative  programme for  the All           India Entrance Examination set out in clause 13 of           the  Scheme   of  examination   for  admission  to

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         postgraduate courses  should be  modified and  the           modified programme should be as follows:           (i) By post              -10th January           (ii) From cash counter   -20th January           Last date for receiving  -31st January           application forms           Competitive test         -Middle of March           Result to be declared    -First week of May           Every student  who has passed his MBBS Examination           shall  be   eligible   for   appearing   at   this           examination even  though he  has not completed his           compulsory rotating internship/practical training,           but he shall not be entitled to be admitted to the           post-graduate course  until he  has completed such           internship  or  practical  training  and  obtained           registration either  from the  Medical Council  of           India or a State Medical Council. On this view, so           far as  admissions to  post- graduate  courses are           concerned, it  may not  be possible to give effect           to our  Judgment dated  22nd June  1984, until the           academic year  commencing in  1988.  The  students           seeking admission to post-graduate courses for the           academic year  commencing in  1987 would  be those           who  have   completed  their  compulsory  rotating           internship/practical training in 364           November/December 1986  and now  to require  them,           after a  break of  one year,  to prepare again for           appearing at  the All  India Entrance  Examination           would    cause     considerable    hardship    and           inconvenience. Admissions to post-graduate courses           for the  academic  year  commencing  in  1987  may           therefore be  given on the basis that our Judgment           dated  22nd   June  1984   does  not  govern  such           admissions. But  an All India Entrance Examination           would have to be held in 1987 for the students who           would be  passing MBBS  Examination in  the end of           1986 and  who would be completing their compulsory           rotating internship/practical  training in the end           of 1987  and seeking  admission to  post  graduate           courses for  the academic year commencing in 1988.           We must  of course  make it clear that it would be           open to  a student  to appear  at  the  All  India           Entrance Examination  even. after he has completed           his   compulsory   rotating   internship/practical           training and  he would  be entitled to compete for           admission  to   post-graduate  courses   for   the           academic year immediately following the completion           of his  internship or practical training. We would           also like  to add  that though  we have prescribed           this programme  for holding the All India Entrance           Examination  for   admission  to   post   graduate           courses, if  any difficulty  is found in following           this programme, it would be open to the Government           of India  to alter  it in such manner as it thinks           fit  after   consultation  with   the  All   India           Institute of  Medical Sciences and Medical Council           of India.  We are  leaving a  certain  measure  of           latitude to  the Government of India because it is           possible that some difficulties may be encountered           in implementation  of this programme which we have           not been able to anticipate and foresee.           (4) The  Government of  India has suggested in the           Scheme  of  examination  for  admission  to  post-           graduate courses  that a  weightage equivalent  to

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         15% of  the total  marks obtained  by a student at           the All India Entrance Examination should be given           if he has put in a minimum of three years of rural           service. It  is, of  course,  eminently  desirable           that some incentive should be given to our doctors           to  go   to  the  rural  areas  because  there  is           concentration of  doctors in  the urban  areas and           the rural  areas appear to be neglected. But we do           not think  that such  incentive should  go to  the           length of 365           giving a  weightage of  15%  of  the  total  marks           obtained by  a  A  candidate.  There  are  several           reasons why our doctors are persuaded to go to the           rural areas in order to serve the rural masses who           are badly  in need  of medical assistance. Some of           the reasons  are attraction  of  urban  life,  the           prospect of building up a lucrative practice which           may be  possible only  in urban  cities,  lack  of           proper  facilities   and  inadequate   supply   of           necessary  medicines  and  above  all  absence  of           social commitment  and lack of desire to serve the           poor and the disadvantaged . These are some of the           difficulties which  have to be overcome if we want           doctors to  move to  the rural  areas. We  do  not           think that  by merely  offering a weightage of 15%           to a doctor for three years rural service we shall           be able to bring about a migration of doctors from           the urban  to the  rural areas. We are of the view           that when  selection of  candidates is  being made           for admission  on an  All-lndia basis,  no  factor           other than  merit should  be allowed  to tilt  the           balance in favour of a candidate. We must remember           that what  we are  regulating  are  admissions  to           post-graduate courses  and if  we want  to produce           doctors  who   are  M.D.   Or  M.S.,  particularly           Surgeons who  are  going  to  operate  upon  human           beings, it  is of  the utmost  importance that the           selection should  be based  on merit. Moreover, we           are extremely  doubtful if  a  candidate  who  has           rendered three years rural service for the purpose           of getting a weightage of 15% would go back to the           rural area  after he  has got M.D. Or M.S. Degree.           We are,  therefore, of  the view that no weightage           should be  given to  a candidate for rural service           rendered by  him so  far as  admissions  to  post-           graduate  courses   are  concerned.   Even  if  an           undertaking is  taken from  such a  candidate that           after  obtaining  M.D.  Or  M.S.  Degree  he  will           settle-down in  a rural  area and  serve the rural           masses, it  would  in  all  probability  serve  no           useful purpose  because  in  the  absence  of  the           requisite facilities such as hospital, medical and           surgical equipment,  nursing etc.  It would not be           possible for  him to  give the  advantage  of  his           higher medical  education to  the rural masses and           the higher medical education received by him would           not be of service to the community.      The schemes  of examination  for admission  to MBBS/BDS course and post-graduate courses submitted by the Government of India as 366 Annexure III to its memorandum are therefore approved by us, subject  to   the  various   modifications   discussed   and formulated in  this Judgment. We would direct the Government

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of India  to revise  these schemes  in accordance  with  the modifications directed  in this  Judgment and to submit such revised schemes  to this  Court within two weeks from today. The Government  of India  will supply  copies of the revised schemes to  the learned advocates appearing on behalf of the State Governments,  the Medical  Council of  India  and  the Bombay University so that, if the revised schemes are not in accordance with  the directions given by us in this Judgment in  any  respect,  they  may  be  able  to  point  out  such discrepancies in the revised schemes.      Before we part with this Judgment we would like to make it clear  that this  Judgment given  by  us  should  not  be construed as  in any  manner  prejudicing  or  affecting  or detracting from  any rule,  regulation  or  other  provision entitling students from other States including the States of Andhra Pradesh  and Jammu  & Kashmir  to be  considered  for admission to  the  remaining  85%  and  75%  seats  for  the MBBS/BDS course  and post-graduate  courses respectively. We would also  like the Government of India to consider whether it would  not be  desirable to set up Regional Institutes of Medical Sciences  where admission  would be open to students from all  over the  country and  where a  high  standard  of excellence would  be maintained. If such Regional Institutes of Medical  Sciences are  set up  providing  opportunity  to students from  all over the country to compete for admission on the  basis of merit, it may become unnecessary to reserve 15% of  the total  number of  seats  for  admission  to  the MBBS/BDS course  and 25%  of the  total number  of seats for admission to  post graduate  courses in each medical college or  institution   on  the   basis  of   All  India  Entrance Examination.      The writ  petitions will now come up for hearing on 4th August 1986 for confirmation of the revised schemes prepared by the Government of India in accordance with the directions given in this Judgment. P.S.S. 367