DINESH KUMAR Vs. MOTILAL NEHRU MEDICAL COLLEGE ALLAHABAD

JUDGEMENT

(1.) On June 22,1984, a three-Judge Bench to which one of us was a party delivered the judgment in a group of writ petitions and while disapproving of the prevailing wholesale reservation on different scores in regard to admission of students into medical courses of study such as M.B.B.S. and Post Graduate specialities, 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 upon residence requirement within the State or on institutional preferences for students passing the qualifying examination." One of the considerations - perhaps the primary one - in formulating the scheme for creating a national forum for choice of candidates for the reserved seats - was the growth of a broad-based national approach as against the prevailing State-based reservationist policy.

(2.) The judgment was delivered during the long vacation of the court perhaps with the fond hope that the scheme evolved by this Court could be implemented in the educational session to follow. This Court had not then assessed what magnitude the task of implementation of the scheme would involve.

(3.) When the scheme did not become operative even in the following year (1985-86), this Court directed the Government of India to convene a meeting in which Medical faculties of universities, Health Secretaries of State Governments, representatives of the Medical Council of India, the Dental Council of India, National Board of Examinations, National Academy of Medical Sciences, the Central Board of Secondary Education and representatives of the Ministries of Education and Law were to participate with a view to scrutinising and giving shape to the scheme prepared by the Medical Council of India under orders of this Court and finalise every detail regarding the holding of the All India Entrance Examination for the MBBS/BDS and Post-Graduate Courses. This meeting was held on September 16, 1985, and after deliberations a shape was given.