Petition No 7667 of 1987
In Writ Petition Nos
348 352 of 1985
Under Article 32 of the Constitution of India
Madan Lokur for the Petitioners
G Viswanatha Iyer PK Pillai MKD Namboodary for the State of Kerala JR Das and DK Sinha for the State of West Bengal
AK Ganguli Mariapputham for the State of Himachal Pradesh
AM Khanwilkar and AS Bhasme for the State of Maharashtra
353 KH Nobin Singh for the State of Karnataka
BR Aggarwala and Ms section Manchanda for Medical Council of India
DN Devedi RP Srivastava Mrs Halida Khatun and Ms A Subhashini for the Union of India
PH Parekh EK Jose BD Sharma MI Khan DN Devedi RP Srivastava P Parmeshwaran Mrs section Dikshit AV Rangam R Bana M Veerappa BR Aggarwal BD Sharma RC Verma CV Subba Rao DK Sinha JR Dass ME Sardhana SK Nandy AS Bhasme AM Khanwilkar PP Singh RK Mehta TVS Chari AK Sanghi MN Shroff D Goburdhan Suryakant HK Puri MKD Namboodary BP Singh K Ramkumar EMS Anam TV Ratnam LR Singh DR Agarwal RS Sodhi Mrs Sushma Suri A Subba Rao Prabir Choudhary DN Mukherjee SK Mehta MK Garg P Parmeshwarn M Karanjawala LK Pandey K Rajindera Choudhary PC Kapur Pramod Swarup T Sridharan Rajesh NM Ghatate Ravi P Wadhvani SK Gambhir DN 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
vs Union of India  Ors
  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 MDS 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 354 July 1986 it has been directed that the total number of seats for admission to Post Graduate courses in each Medical 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 n 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 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 ie upto 1992 inclusive
For admission 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 199 1 so that there may be no scope for raising of any dispute in regard 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 the reasoning now
We however allow the system now prevailing in 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 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 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 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 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 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 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 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 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


Summary:
Sequel to the main judgment delivered on June 22 1984 by this Court in Dr Pradeep Jain etc etc
vs Union of India and others 198413 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 Examination 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  HELD Apart from finalising the schedule for holding of the selection examination three aspects of 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 MD and other higher degrees require consideration
354D 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 evolved so that the discipline would be introduced
The present arrangement will therefore continue for a period of five years
ie upto 1992
354E F For admission beginning from 1993 there would be only one pattern namely a three year course without any housemanship
All 352 Universities and institutions shall take timely steps to bring about such A amendments as may be necessary in 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 1993
354F G It is proper that one uniform system is brought into operation throughout the country
The system now prevailing in the State of Tamil Nadu regarding the diploma shall continue until 1992 from 1993 there would be no necessity for the diploma to be a qualification for admission to post graduate courses
354G H 355A In regard to super specialities and other higher degrees the 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
355B 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