MRIDUL DHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) ABOUT two decades ago, on June 22, 1984 in Dr. Pradeep Jain and Ors. v. Union of India and Ors., it was directed that admissions in medical colleges or institutions run by the Union of India or State Government or Municipal or other local authorities for MBBS and BDS courses to the extent of at least 30% shall be granted on the basis of All India Entrance Examination and 50% in respect of post graduate courses. The percentage of seats to be allotted on All India basis was modified in Dr. Dinesh Kumar and Ors. (II) v. Motilal Nehru Medical College, Allahabad and Ors. and in Dr. Dinesh Kumar and Ors. (II) v. Motilal Nehru Medical College, Allahabad and Ors.. For MBBS/BDS courses, the All India Quota was directed to be 15% of the total number of seats and 25% of total number of seats for post-graduate courses. The percentage of post-graduate courses has been increased to 50% [Saurabh Chaudri and Ors. v. Union of India and Ors.]. The higher percentage would be operational from the academic year 2005 [Dr. Saurabh Chaudri and Qrs. v. Union of India and Ors.].

(2.) THE question whether the All India Quota of MBBS/BDS courses shall be increased from its present 15% is one aspect but the real and main aspect to be considered is about giving full effect to 15% quota by including all seats while working out 15% quota and by strictly adhering to the time schedule by the State colleges and institutions.

(3.) THE aforesaid direction did not undo injustice to all the students because we permitted only limited counselling but it was necessary to adopt that course in larger interests of students and medical education as by reopening the entire counselling, there wouJd have been considerable amount of delay in commencement of course in various colleges. THE admission process could have gone on till end of the year and that is why permission was granted for only limited counselling.