# DR. DINESH KUMAR & ORS v. MOTILAL NEHRU MEDICAL COLLEGE, ALLAHABAD & ORS . •

- **Citation:** [1988] 1 S.C.R. 351
- **Court:** Supreme Court of India
- **Decided:** 1987-09-25
- **Case number:** Civil Misc. Petition No. 7667 of ~ E 1987. F G In Writ Petition Nos. 348-352 of 1985
- **Bench:** Ranganath Misra, Murari Mohon Dutt
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/dr-dinesh-kumar-ors-v-motilal-nehru-medical-college-allahabad-ors-9736
- **Pages:** 6

## Headnote

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.
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,
A
B
c
the question of finalising the scheme for holding the All India ExaminaD
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 examination, 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 qualification 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 examination 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.
F
G
In
Writ Petition Nos. 348-352 of 1985.
(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.
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 MaharaH shtra.
-
DINESH KUMAR v. M.N. MEDICAL COLLEGE
353
K.H. Nobin Singh for the State of Kamataka.
B.R. Aggarwala, and Ms. S. Manchanda for Medical Council of
India.
D.N. Devedi, R.P. Srivastava, Mrs. Halida Khatun and Ms. A.
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. S

## Text

-
DR. DINESH KUMAR & ORS.
v.
MOTILAL NEHRU MEDICAL COLLEGE,
ALLAHABAD & ORS .
•
SEPTEMBER 25, 1987
[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.
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,
A
B
c
the question of finalising the scheme for holding the All India ExaminaD
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 examination, 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 qualification 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 examination 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.
F
G
In
Writ Petition Nos. 348-352 of 1985.
(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.
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 MaharaH shtra.
-
DINESH KUMAR v. M.N. MEDICAL COLLEGE
353
K.H. Nobin Singh for the State of Kamataka.
B.R. Aggarwala, and Ms. S. Manchanda for Medical Council of
India.
D.N. Devedi, R.P. Srivastava, Mrs. Halida Khatun and Ms. A.
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,
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. Karanjawala, L.K. Pandey, K. Rajindera Choudhary, P.C. Kapur, Pramod
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
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
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 residential 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 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 seats available for admissions
to the Post Graduate course. By a subsequent order made on 21st of
c
D
E
F
G
H
A
B
c
354
SUPREME COURT REPORTS
[1988) 1 S.C.R.
July, 1986 it has been directed that the total number of seats for admission 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
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 separately. 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.
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 difficulty. A uniform practice has to be evolved so that the discipline would
be introduced. We accordingly allow the present arrangement to continue 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 institutions 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 commence 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.
c
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.
N.P.V.
-
-
}--