AJAY KUMAR AGRAWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a group of cases under .Art. 32 of the Constitution with several applications for interventions and the dispute relates to admission in the Post Graduate Medical Courses in the seven Medical Colleges located within the State of Uttar Pradesh. This Court in Dr. Dinesh Kumar v. Motilal Nehru Medical College, Allahabad (1984 (3) SCC 654) : (AIR 1984 SC 1420 for the reasons indicated therein, disapproved the idea of wholesale reservation made in some of the States on the basis of domicile or residential requirement and so far as medical education was concerned, with a view to providing an integrated base of such education on national basis provided reservation of quota at the MBBS stage as also at the Post Graduate stage to be filled up on all India basis. Such reservation so far as the Post Graduate Study is concerned was to be 25% and the selection examination in terms of the Court's decision was left to be done by the All India Institute of Medical Sciences at New Delhi. In respect of the remaining 75% of the seats in Post Graduate Courses it was left to the State to make their selection but the considerations which should weigh for the purpose of selection were appropriately indicated in some of the judgments of this Court.

(2.) We are concerned in this group of cases with the selection of candidates for the several specialities in the Post Graduate Courses in the seven Medical Colleges as referred to above. This Court in its order reported in .(1987 (4) SCC 459) had directed at page 462 (1987) 4 SCC:

(3.) A little later the State of Bihar and others came up in appeal before this Court challenging a direction of the Ranchi Bench. of the Patna High Court where the High Court had taken exception to steps taken by the Blhar Government in a manner contrary to the aforesaid direction. While disposing of the appeal we indicated in our judgment reported in (1989 (4) JT 320) thus: